code - MTAS - University of Tennessee

Transcription

THE
FAYETTEVILLE
MUNICIPAL
CODE
Prepared by the
MUNICIPAL TECHNICAL ADVISORY SERVICE
INSTITUTE FOR PUBLIC SERVICE
THE UNIVERSITY OF TENNESSEE
in cooperation with the
TENNESSEE MUNICIPAL LEAGUE
November 1995
Change 12, February 12, 2013
CITY OF FAYETTEVILLE, TENNESSEE
MAYOR
John Ed Underwood, Jr.
VICE MAYOR
Gwen Shelton
ALDERMEN
Danny Bryant
Marty Pepper
Dorothy Small
Michael Whisenaut
Thomas Young, Sr.
CITY ADMINISTRATOR & CITY CLERK
Jim Lee
CITY ATTORNEY
John D. Hill, Jr.
ii
PREFACE
The Fayetteville Municipal Code contains the codification and revision of
the ordinances of the City of Fayetteville, Tennessee. By referring to the
historical citation appearing at the end of each section, the user can determine
the origin of each particular section. The absence of a historical citation means
that the section was added by the codifier. The word "modified" in the historical
citation indicates significant modification of the original ordinance.
The code is arranged into titles, chapters, and sections. Related matter
is kept together, so far as possible, within the same title. Each section number
is complete within itself, containing the title number, the chapter number, and
the section of the chapter of which it is a part. Specifically, the first digit,
followed by a hyphen, identifies the title number. The second digit identifies the
chapter number, and the last two digits identify the section number. For
example, title 2, chapter 1, section 6, is designated as section 2-106.
By utilizing the table of contents and the analysis preceding each title and
chapter of the code, together with the cross references and explanations included
as footnotes, the user should locate all the provisions in the code relating to any
question that might arise. However, the user should note that most of the
administrative ordinances (e.g. Annual Budget, Zoning Map Amendments, Tax
Assessments, etc...) do not appear in the code. Likewise, ordinances that have
been passed since the last update of the code do not appear here. Therefore, the
user should refer to the city's ordinance book or the city recorder for a
comprehensive and up to date review of the city's ordinances.
Following this preface is an outline of the ordinance adoption procedures,
if any, prescribed by the city's charter.
The code has been arranged and prepared in loose-leaf form to facilitate
keeping it up to date. MTAS will provide updating service under the following
conditions:
(1)
That all ordinances relating to subjects treated in the code or which
should be added to the code are adopted as amending, adding, or deleting
specific chapters or sections of the code (see section 8 of the adopting ordinance).
(2)
That one copy of every ordinance adopted by the city is kept in a
separate ordinance book and forwarded to MTAS annually.
(3)
That the city agrees to reimburse MTAS for the actual costs of
reproducing replacement pages for the code (no charge is made for the
consultant's work, and reproduction costs are usually nominal).
When the foregoing conditions are met MTAS will reproduce replacement
pages for the code to reflect the amendments and additions made by such
iii
ordinances. This service will be performed at least annually and more often if
justified by the volume of amendments. Replacement pages will be supplied
with detailed instructions for utilizing them so as again to make the code
complete and up to date.
The able assistance of Bobbie J. Sams, the MTAS Word Processing
Specialist who did all the typing on this project, and Tracy Gardner,
Administrative Services Assistant, is gratefully acknowledged.
Steve Lobertini
Codification Specialist
iv
ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE
CITY CHARTER
SECTION 13. Ordinance procedure. Each ordinance shall begin with the
clause, "Be it ordained by the Board of Mayor and Aldermen of the City of
Fayetteville, Tennessee." Each resolution and ordinance shall be in written form
before being introduced. An ordinance must pass on one (1) consideration to
become effective. Each ordinance before being adopted must have the caption
read at the meeting.
Each ordinance upon final passage shall be signed by the presiding officer
of the Board, shall be immediately taken charge of by the City Clerk and
numbered, copied in an ordinance book and authenticated by the signature of
the City Clerk, and filed and preserved in the City Clerk's office.
v
1-1
TITLE 1
GENERAL ADMINISTRATION1
CHAPTER
1. BOARD OF MAYOR AND ALDERMEN.
2. MAYOR.
3. CITY CLERK.
4. CITY ADMINISTRATOR.
5. COMPENSATION OF COMMISSIONERS OF FAYETTEVILLE HOUSING
AUTHORITY.
6. CODE OF ETHICS.
CHAPTER 1
BOARD OF MAYOR AND ALDERMEN2
SECTION
1-101. Time and place of regular meetings.
1-102. Order of business.
1-103. General rules of order.
1-104. Standing committees.
1-105. Boards and committees to elect officers annually.
1-106. Appointments and recommendations of board members.
1-101. Time and place of regular meetings. The regular meeting of
the board of mayor and aldermen shall be held on the second Tuesday of each
month at 5:00 P.M. at the City Municipal Building in the City of Fayetteville
1
Charter references
See the charter index, the charter itself, and footnote references to the
charter in the front of this code.
Municipal code references
Building, plumbing, electrical and gas inspectors: title 12.
Fire department: title 7.
Utilities: titles 18 and 19.
Wastewater treatment: title 18.
Zoning: title 14.
2
Charter references
Compensation: § 10a.
Oath: § 3.
Qualifications: § 4.
Term of office: § 2.
Vacancy in office: § 4.
1-2
except when the second Tuesday shall fall upon a legal holiday, in which event,
the meeting shall take place on the second succeeding business day at the same
hour and place.
Special meetings may be set by the board or called by the mayor or any
two (2) aldermen upon reasonable notice to the other members of the board.
(1979 Code, § 1-101)
1-102. Order of business. At each meeting of the board of mayor and
aldermen the following order of business shall be observed unless dispensed
with by vote of the board:
(1)
Call to order by mayor.
(2)
Prayer and Pledge to Flag as deemed appropriate by mayor.
(3)
Any corrections to and approval of the minutes of the previous
meeting or meetings.
(4)
Approval of bills payable.
(5)
Old business.
(6)
New business.
(7)
Legal matters.
(8)
Committees and board reports.
(9)
Other business.
(10) Adjournment. (1979 Code, § 1-102)
1-103. General rules of order. The rules of order and parliamentary
procedure contained in Robert's Rules of Order, Newly Revised, shall govern the
transaction of business by and before the board of mayor and aldermen at its
meetings in all cases to which they are applicable and in which they are not
inconsistent with provisions of the charter or this code. (1979 Code, § 1-103,
modified)
1-104. Standing committees. The three (3) committees of the board of
mayor and aldermen shall consist of not less than two (2) aldermen each and
shall be as follows:
(1)
Finance,
(2)
Fire and police, and
(3)
Public works.
The committees and the chairman for each committee shall be elected by
the board of mayor and aldermen. (1979, § 1-104, as replaced by Ord. #2008-24,
Dec. 2008, and Ord. #2010-01, Jan. 2010)
1-105. Boards and committees to elect officers annually. All
boards and committees under the jurisdiction of and established by ordinance
of the board of mayor and aldermen are hereby required to have an annual
election of officers. (1979, § 1-105, as deleted by Ord. #2008-24, Dec. 2008, and
added by Ord. #2010-01, Jan. 2010)
1-3
1-106. Appointments and recommendations of board members.
No appointment to a board of the city by the mayor, requiring approval of the
aldermen, and no recommendation of the mayor for a member to serve on a
board of the city, requiring action of the board of mayor and aldermen, shall be
considered unless the same shall have been submitted in writing to the
aldermen no less than fifteen (15) days prior to the meeting at which the
appointment or recommendation is to be acted upon. All vacancies on boards
and the names of all board members whose terms expire shall be reported to the
board of mayor and aldermen in writing at the regular meeting occurring in the
month prior to the meeting at which vacancies are filled or members elected.
This shall not apply to standing committees as referred to in section 1-104
hereof or to the appointment of aldermen to the various boards or commissions.
(as added by Ord. #95-24, Dec. 1995, and amended by Ord. #96-17, Nov. 1996)
1-4
CHAPTER 2
MAYOR1
SECTION
1-201. Generally supervises city's affairs.
1-202. Executes city's contracts.
1-203. Absence or disability.
1-201. Generally supervises city's affairs. The mayor shall have
general supervision of all the affairs of the city and may require such reports
from the officers and employees of the city as he may reasonably deem necessary
to carry out his executive responsibilities. (1979 Code, § 1-201)
1-202. Executes city's contracts. The mayor shall execute all
contracts as authorized by the board of mayor and aldermen. (1979 Code,
§ 1-202)
1-203. Absence or disability. At the first meeting after each election
for aldermen the aldermen shall elect one of their number as vice-mayor for a
term of two years to act as mayor during the temporary absence or disability of
the mayor. The vice-mayor may continue to vote as an alderman while acting
as mayor. (1979 Code, § 1-203)
1
Charter references
Compensation: § 10a.
Oath: § 3.
Qualifications: § 4.
Term of office: § 2.
1-5
CHAPTER 3
CITY CLERK
SECTION
1-301. To be bonded.
1-302. To keep minutes, etc.
1-303. To perform general administrative duties, etc.
1-301. To be bonded. The city clerk shall be bonded in the sum of ten
thousand dollars ($10,000) with surety acceptable to the board of mayor and
aldermen before assuming the duties of his office. (1979 Code, § 1-301)
1-302. To keep minutes, etc. The city clerk shall keep the minutes of
all meetings of the board of mayor and aldermen and shall preserve the original
copy of all ordinances in a separate ordinance book. The city clerk shall appoint
an assistant city clerk to perform these duties and functions in the absence of
the city clerk or at his direction. (1979 Code, § 1-302, as amended by
Ord. #2000-1, Jan. 2001)
1-303. To perform general administrative duties, etc. The city clerk
shall perform all administrative duties for the board of mayor and aldermen and
for the city which are not expressly assigned by the charter or this code to
another corporate officer. He shall also have custody of, and be responsible for
maintaining all corporate bonds, records, and papers in such fireproof vault or
safe as the city shall provide. The assistant city clerk shall perform these duties
and functions in the absence of the city clerk or at his direction. (1979 Code,
§ 1-303, as amended by Ord. #2001-1, Jan. 2001)
1-6
CHAPTER 4
CITY ADMINISTRATOR1
SECTION
1-401. Office created, salary, tenure, qualifications, bond.
1-402. Duties.
1-401. Office created, salary, tenure, qualifications, bond.
(1)
There is hereby created the office of city administrator, which office
shall be held by the city clerk. The board of mayor and aldermen shall fix the
salary of said administrator. The administrator shall be selected on the basis
of training, experience and other administrative qualifications and shall have
a college degree and training or experience in municipal administration, public
administration or civil engineering. The administrator shall devote full time to
the duties of his office.
(2)
The city administrator shall execute a bond with good and
sufficient security in the sum of one hundred thousand dollars ($100,000.00),
said bond to be conditioned that he will faithfully account for all money that
may or ought to come into his hands, and that may or ought to be collected by
him by virtue of his office, and that he will well and truly do and perform all
other duties pertaining to the office. (1979 Code, § 1-1501)
1-402. Duties. The city administrator shall act under the direction of
and shall be responsible to the board of mayor and aldermen (hereinafter called
board) and shall perform the following duties:
(1)
To make recommendations to the board for improving the quality
and quantity of public services to be rendered by the officers and employees to
the inhabitants of the city.
(2)
To keep the board fully advised as to the conditions and needs of
the city.
(3)
To report to the board the condition of all city equipment, buildings
and real estate and recommend what repairs or replacements are needed.
(4)
To act as purchasing agent for the city; to make all purchases on
behalf of the City of Fayetteville, except for any utility or school system, which
purchases shall be made under the direction and control and according to the
policies and procedures promulgated by the city administrator and approved by
the finance committee. In the event the finance committee is unable to agree on
said policies and procedures, said approval shall be made by the board.
(5)
To supervise and coordinate all administrative activities of each
department of the city under the policies of the board.
1
Charter reference: § 8.
1-7
(6)
To consult and cooperate with the various committees of the board
in the administration of the affairs of the City of Fayetteville.
(7)
To determine what programs or projects involving public works or
public improvements should be undertaken by the city and priority of same.
(8)
To carry out the personnel ordinances, rules and regulations
adopted and approved by the board.
(9)
To prepare and submit the annual budget and capital program to
the board.
(10) To approve all proposed expenditures and prevent the incurring of
any obligation without such approval and unless funds are available for the
expenditures.
(11) To keep the board fully advised as to the financial condition and
future needs of the city and make such recommendations to the board
concerning the affairs of the city as he deems desirable.
(12) To meet and confer with the mayor and such department heads at
such times and places as the mayor deems advisable.
(13) To perform such other duties as may be required of him by
resolution of the board. (1979 Code, § 1-1502)
1-8
CHAPTER 5
COMPENSATION OF COMMISSIONERS OF FAYETTEVILLE
HOUSING AUTHORITY1
SECTION
1-501. Compensation of commissioners of Fayetteville Housing Authority.
1-501. Compensation of commissioners of Fayetteville Housing
Authority. Each commissioner of the Fayetteville Housing Authority shall be
paid the sum of two hundred dollars ($200.00) per month for their services on
the authority board provided that no part of said compensation shall be paid
from state or federal funds. (as added by Ord. #95-11, June 1995, and replaced
by Ord. #2010-10, Sept. 2010)
1
Municipal code reference
Housing cooperation to cooperate with housing authority: § 20-205.
1-9
CHAPTER 6
CODE OF ETHICS1
SECTION
1-601. Applicability.
1-602. Definition of "personal interest."
1-603. Disclosure of personal interest by official with vote.
1-604. Disclosure of personal interest in non-voting matters.
1-605. Acceptance of gratuities, etc.
1-606. Use of information.
1-607. Use of municipal time, facilities, etc.
1-608. Use of position or authority.
1-609. Outside employment.
1-610. Ethics complaints.
1-611. Violations.
1
State statutes dictate many of the ethics provisions that apply to
municipal officials and employees. For provisions relative to the following, see
the Tennessee Code Annotated (T.C.A.) sections indicated:
Campaign finance: Tennessee Code Annotated, title 2, ch. 10.
Conflict of interests: Tennessee Code Annotated, §§ 6-54-107, 108; 12-4101, 102.
Conflict of interests disclosure statements: Tennessee Code Annotated,
§ 8-50-501 and the following sections.
Consulting fee prohibition for elected municipal officials: Tennessee Code
Annotated, §§ 2-10-122, 124.
Crimes involving public officials (bribery, soliciting unlawful
compensation, buying and selling in regard to office): Tennessee Code
Annotated, § 39-16-101 and the following sections.
Crimes of official misconduct, official oppression, misuse of official
information: Tennessee Code Annotated,§ 39-16-401 and the following
sections.
Ouster law: Tennessee Code Annotated,§ 8-47-101 and the following
sections.
1-10
1-601. Applicability. This chapter is the code of ethics for personnel of
the municipality. It applies to all full-time and part-time elected or appointed
officials and employees, whether compensated or not, including those of any
separate board, commission, committee, authority, corporation, or other
instrumentality appointed or created by the municipality. The words
"municipal" and "municipality" include these separate entities. (as added by
Ord. #2007-2, May 2007)
1-602. Definition of "personal interest." (1) For purposes of §§ 1-603
and 1-604, "personal interest" means:
(a)
Any financial, ownership, or employment interest in the
subject of a vote by a municipal board not otherwise regulated by state
statutes on conflicts of interests; or
(b)
Any financial, ownership, or employment interest in a
matter to be regulated or supervised; or
(c)
Any such financial, ownership, or employment interest of the
official’s or employee’s spouse, parent(s), step parent(s), grandparent(s),
sibling(s), child(ren), or step child(ren).
(2)
The words "employment interest" include a situation in which an
official or employee or a designated family member is negotiating possible
employment with a person or organization that is the subject of the vote or that
is to be regulated or supervised.
(3)
In any situation in which a personal interest is also a conflict of
interest under state law, the provisions of the state law take precedence over the
provisions of this chapter. (as added by Ord. #2007-2, May 2007)
1-603. Disclosure of personal interest by official with vote. An
official with the responsibility to vote on a measure shall disclose during the
meeting at which the vote takes place, before the vote and so it appears in the
minutes, any personal interest that affects or that would lead a reasonable
person to infer that it affects the official’s vote on the measure. In addition, the
official may recuse himself1 from voting on the measure. (as added by
Ord. #2007-2, May 2007)
1-604. Disclosure of personal interest in non-voting matters. An
official or employee who must exercise discretion relative to any matter, other
than casting a vote, and who has a personal interest in the matter that affects
or that would lead a reasonable person to infer that it affects the exercise of the
discretion shall disclose, before the exercise of the discretion when possible, the
interest on a form provided by and filed with the recorder. In addition, the
1
Masculine pronouns include the feminine. Only masculine pronouns
have been used for convenience and readability.
1-11
official or employee may, to the extent allowed by law, charter, ordinance, or
policy, recuse himself from the exercise of discretion in the matter. (as added
by Ord. #2007-2, May 2007)
1-605. Acceptance of gratuities, etc. An official or employee may not
accept, directly or indirectly, any money, gift, gratuity, or other consideration or
favor of any kind from anyone other than the municipality:
(1)
For the performance of an act, or refraining from performance of
an act, that he would be expected to perform, or refrain from performing, in the
regular course of his duties; or
(2)
That might reasonably be interpreted as an attempt to influence
his action, or reward him for past action, in executing municipal business. (as
added by Ord. #2007-2, May 2007)
1-606. Use of information. (1) An official or employee may not disclose
any information obtained in his official capacity or position of employment that
is made confidential under state or federal law except as authorized by law.
(2)
An official or employee may not use or disclose information
obtained in his official capacity or position of employment with the intent to
result in financial gain for himself or any other person or entity. (as added by
Ord. #2007-2, May 2007)
1-607. Use of municipal time, facilities, etc. (1) An official or
employee may not use or authorize the use of municipal time, facilities,
equipment, or supplies for private gain or advantage to himself.
(2)
An official or employee may not use or authorize the use of
municipal time, facilities, equipment, or supplies for private gain or advantage
to any private person or entity, except as authorized by legitimate contract or
lease that is determined by the governing body to be in the best interest of the
municipality. (as added by Ord. #2007-2, May 2007)
1-608. Use of position or authority. (1) An official or employee may
not make or attempt to make private purchases, for cash or otherwise, in the
name of the municipality.
(2)
An official or employee may not use or attempt to use his position
to secure any privilege or exemption for himself or others that is not authorized
by the charter, general law, or ordinance or policy of the municipality. (as added
by Ord. #2007-2, May 2007)
1-609. Outside employment. An official or employee may not accept
or continue any outside employment if the work unreasonably inhibits the
performance of any affirmative duty of the municipal position or conflicts with
any provision of the municipality’s charter or any ordinance or policy. (as added
by Ord. #2007-2, May 2007)
1-12
1-610. Ethics complaints. (1) The city attorney is designated as the
ethics officer of the municipality. Upon the written request of an official or
employee potentially affected by a provision of this chapter, the city attorney
may render an oral or written advisory ethics opinion based upon this chapter
and other applicable law.
(2)
(a)
Except as otherwise provided in this subsection, the city
attorney shall investigate any credible complaint against an appointed
official or employee charging any violation of this chapter, or may
undertake an investigation on his own initiative when he acquires
information indicating a possible violation, and make recommendations
for action to end or seek retribution for any activity that, in the attorney’s
judgment, constitutes a violation of this code of ethics.
(b)
The city attorney may request the governing body to hire
another attorney, individual, or entity to act as ethics officer when he has
or will have a conflict of interests in a particular matter.
(c)
When a complaint of a violation of any provision of this
chapter is lodged against a member of the municipality’s governing body,
the governing body shall either determine that the complaint has merit,
determine that the complaint does not have merit, or determine that the
complaint has sufficient merit to warrant further investigation. If the
governing body determines that a complaint warrants further
investigation, it shall authorize an investigation by the city attorney or
another individual or entity chosen by the governing body.
(3)
The interpretation that a reasonable person in the circumstances
would apply shall be used in interpreting and enforcing this code of ethics.
(4)
When a violation of this code of ethics also constitutes a violation
of a personnel policy, rule, or regulation or a civil service policy, rule, or
regulation, the violation shall be dealt with as a violation of the personnel or
civil service provisions rather than as a violation of this code of ethics. (as added
by Ord. #2007-2, May 2007)
An elected official or appointed member of a
1-611. Violations.
separate municipal board, commission, committee, authority, corporation, or
other instrumentality who violates any provision of this chapter is subject to
punishment as provided by the municipality’s charter or other applicable law,
and in addition is subject to censure by the governing body. An appointed
official or an employee who violates any provision of this chapter is subject to
disciplinary action. (as added by Ord. #2007-2, May 2007)
2-1
Change 8, December 14, 2004
TITLE 2
BOARDS AND COMMISSIONS, ETC.
CHAPTER
1. SCHOOL BOARD.
2. RECREATION BOARD.
3. [REPEALED.]
4. CITY BEAUTIFICATION COMMISSION.
5. BOARD OF PUBLIC UTILITIES.
6. [REPEALED.]
CHAPTER 1
SCHOOL BOARD1
SECTION
2-101. Board established.
2-102. Membership.
2-103. Organization.
There is hereby established "The
2-101. Board established.
Fayetteville School Board" which board shall have general supervision,
management and control of the City of Fayetteville school system as provided
in the Tennessee Code Annotated. (1979 Code, § 1-1001)
2-102. Membership. (1) Eligibility. Every member shall be a resident
and qualified voter of the City of Fayetteville.
(2)
Compensation. Each member of the board shall be paid the sum
of $200.00 per month for their services on the board, including the chairman and
secretary. Board members shall be reimbursed for all legitimate expenses
incurred relative to the performance of their official duties.
An alderman appointed to serve as an ex officio member pursuant to
2-102(3) shall be paid the sum of $200.00 per month for services on the board,
and shall be entitled to reimbursement for all legitimate expenses incurred
relative to the performance of his or her official duties.
1
For provisions of the current school bus franchise, see the ordinance
dated August 12, 1975, of record in the city clerk's office.
2-2
(3)
Number and appointment. Said board shall consist of seven (7)
members, one of whom shall be an alderman, and all of whom shall be appointed
to the board by the board of mayor and aldermen. The board shall be reduced
to six (6) members after the term of the alderman appointed in November, 1994,
has expired. After the term of said alderman has expired the board of mayor
and alderman may appoint an alderman to serve as an ex-officio member for
such term as it desires but not longer than the term of the alderman.
(4)
Present board. The present school board, exclusive of the alderman
member, consists of the following:
(a)
William Battle and Jimmy Bills whose terms expire
February 5, 1994.
(b)
Dee Holland and Dr. Michael Ashby whose terms expire
February 5, 1995.
(c)
Margaret Carter and William Askew whose terms expire
February 5, 1996.
All of the above shall continue in office until their terms expire and all
appointments to fill the terms of those expiring, as set out above shall be made
for a term expiring August 15, 1996, when the appointments shall be for a term
of four years and until their successors are duly elected and qualified.
The present alderman's term shall continue until his term expires in
November 1994, and the alderman appointed at that time to fill the term shall
be for a term of four years or until his/her term as alderman shall expire,
whichever should first occur.
(5)
Vacancy. Vacancies occurring in the office of a board member prior
to August 15, 1996, shall be filled for the unexpired term by the board of mayor
and alderman. Should a vacancy occur between August 16, 1996, and November
15, 1998, the size of the school board shall be reduced by that number. Should
a vacancy occur after November 15, 1998, the board of mayor and alderman
shall fill the vacancy until the next city election.
(6)
(a)
In the city election held for aldermen on the first Tuesday of
November, 2000, there shall be elected at large by the qualified voters of
Fayetteville, a school board composed of six members, the three
candidates receiving the first, second and third highest number of votes
shall be elected for a term of four years and those candidates receiving
the fourth, fifth and sixth highest number of votes shall be elected for a
term of two years. Each person elected to the school board thereafter
shall be elected for a term of four years.
(b)
Each elected member of the school board shall be sworn in
as a member on the third Monday of November in the year of their
election.
(c)
Vacancies occurring in the office of a school board member
after the third Monday in November, 2000, shall be filled for the
unexpired term by the board of mayor and aldermen until the next
general election for which candidates have a sufficient time to qualify
2-3
under the law. (1979 Code, § 1-1002, as amended by Ord. #98-13, Dec.
1998, and Ord. #2004-18, Sept. 2004)
2-103. Organization. The board shall organize itself and elect a
chairman, secretary and such other officers as it deems appropriate. Minutes
of all meetings shall be kept in a minute book which shall remain in the custody
of the secretary and be open to public inspection. (1979 Code, § 1-1003)
2-4
CHAPTER 2
RECREATION BOARD
SECTION
2-201. Establishment and powers generally.
2-202. Membership eligibility.
2-203. Compensation of members.
2-204. Number of members and their appointment.
2-205. Terms of members.
2-206. Organization of board.
2-207. Removal of board members.
2-201. Establishment and powers generally. There is hereby
established a City of Fayetteville Recreation Board, hereinafter called "board,"
which board shall have general supervision, management, and control of all of
the recreational facilities and programs of the City of Fayetteville, except that
all personnel of the recreation department shall be under the direction of the
director of the department of purchases and public services. (1979 Code,
§ 1-1301)
2-202. Membership eligibility. Every board member shall be a
resident and qualified voter of the City of Fayetteville except the member
appointed by the County Executive of Lincoln County shall be a resident of
Lincoln County. (1979 Code, § 1-1302, as amended by Ord. #96-13, June 1996)
2-203. Compensation of members. Each member of the Recreation
Board appointed by the mayor shall be paid the sum of $75.00 per month for
their services on the board and the chairman and secretary shall be paid an
additional sum of $25.00 and $10.00 per month respectively for their services as
such officers. Board members appointed by the mayor shall be reimbursed for
all legitimate expenses incurred relative to the performance of their official
duties. The member appointed by the county executive shall be compensated by
Lincoln County. (1979 Code, § 1-1303, as replaced by Ord. #96-13, June 1996)
2-204. Number of members and their appointment. Said board
shall consist of nine members, eight of whom shall be appointed by the mayor
and approved by the board of aldermen and one of whom shall be a member of
the county commission appointed by the county executive and approved by the
Lincoln County Commission. One of the members shall be an alderman of the
city. All members shall continue in office until their successors are elected. If
any member shall resign from or cease to be a member of the board before the
expiration of his/her term, the organization making that persons original
2-5
appointment shall appoint a new member to serve for such member's unexpired
term. (1979 Code, § 1-1304, as replaced by Ord. #96-13, June 1996)
2-205. Terms of members. All appointments shall be for a term of
three years except that the first board shall consist of three members whose
terms shall expire January 1, 1972, two members whose terms shall expire
January 1, 1973, and two members whose terms shall expire January 1, 1974.
The alderman member shall serve only a two year term to run concurrently with
his term as alderman. The member appointed by the county executive shall be
appointed for a term of three years beginning July 1, 1996. (1979 Code,
§ 1-1305, as amended by Ord. #96-13, June 1996)
2-206. Organization of board. The board shall meet as soon as
possible and adopt bylaws, select officers, and adopt reasonable rules and
regulations for the operation of the recreation system. (1979 Code, § 1-1306)
2-207. Removal of board members. Any member of the recreation
board may be removed at any time by a two-thirds vote of the board of mayor
and aldermen. (1979 Code, § 1-1307)
2-6--2-9
Change 7, November 12, 2002
CHAPTER 3
This chapter was repealed by Ord. #2002-11, Sept. 2002.
2-10
CHAPTER 4
CITY BEAUTIFICATION COMMISSION
SECTION
2-401. Establishment and general duties.
2-402. Membership, terms, and compensation.
2-403. Bylaws and rules of procedure.
2-404. Qualifications of members.
2-405. Commission to make recommendations; board to establish policies.
2-406. Long range plan to list early priorities.
2-401. Establishment and general duties.
There is hereby
established the "Fayetteville City Beautiful Commission," hereinafter referred
to as the "commission," the commission is charged with the duty and obligation
to study, investigate, and carry out plans for improving the sanitation, safety,
and cleanliness within the city by beautifying the streets, highways, alleys, lots,
yards, and other similar places; to aid in the prevention of fires, diseases, and
other casualties by the removal and elimination of trash and other debris from
the streets, highways, alleys, lots, yards, plots and other similar places; to
encourage the planting, placing, and preservation of trees, flowers, plants,
shrubbery, and other objects of ornamentation in the city; to protect song birds
and other wild fowl; and to promote public interest in the general improvement
of the appearance of the city; provided, however, that nothing herein shall be
construed to abridge, or change the powers and duties of the other branches of
the local government. (1979 Code, § 1-1401)
2-402. Membership, terms, and compensation. The commission
shall consist of five (5) members with the mayor of the city and the recreation
director to serve as ex officio and nonvoting members. The members shall be
appointed by the mayor and approved by the aldermen for five (5) year terms
provided, however, the first appointments shall be for periods of one, two, three,
four and five years in order that each year the term of one member shall expire.
All appointments shall begin on January 1 of the year of the appointment. Said
members shall serve without compensation. (1979 Code, § 1-1402)
2-403. Bylaws and rules of procedure. The commission shall, during
its first meeting or as soon thereafter as practicable, adopt bylaws for the
operation of said commission, which bylaws, in addition to other matters, shall
set the number necessary for a quorum and the procedure for the calling of
meetings. (1979 Code, § 1-1403)
2-404. Qualifications of members. Every commission member shall
be a qualified voter of the City of Fayetteville. (1979 Code, § 1-1404)
2-11
2-405. Commission to make recommendations; board to establish
policies. The commission shall make recommendations to the board of mayor
and aldermen who will have authority to establish policies for the commission.
(1979 Code, § 1-1405)
2-406. Long range plan to list early priorities. The commission will,
as soon as possible, obtain a long range plan for city improvement and
beautification which will list the early priorities. (1979 Code, § 1-1406)
2-12
CHAPTER 5
BOARD OF PUBLIC UTILITIES1
SECTION
2-501. Board to supervise and control; membership; terms.
2-502. Board to govern water and sewer system and gas system.
2-503. [Deleted.]
2-501. Board to supervise and control; membership; terms. The
provisions of Private Acts of 1963, ch. 8,2 shall be performed, complied with,
carried out and made effective insofar as the board of mayor and aldermen is
required to act.
The board of mayor and aldermen of the City of Fayetteville, Tennessee,
acting in compliance with, and conformity to §§ 3 and 4 of said private act, does
hereby create and establish a board of public utilities to supervise and control
the management and operation of the consolidated electric system, which board
shall have all the rights, powers, privileges, duties, and responsibilities with
respect to the consolidated electric system as a board of public utilities has
under Tennessee Code Annotated, §§ 7-52-101 through 7-52-203, as amended,
with respect to the electric system under its control and supervision.
The utility board shall consist of seven (7) members appointed by the
mayor and approved by the board of aldermen. Two (2) of the appointees shall
be residents of the city, qualified as provided in Tennessee Code Annotated,
§§ 7-52-107 et seq., as amended. Four (4) of the appointees shall own property
and reside outside the corporate limits of the city, shall be electric consumers of
the consolidated electric system, and otherwise shall be qualified as provided in
the aforesaid Tennessee Code Annotated, §§ 7-52-107 et seq., as amended. The
initial terms of these initial six (6) appointees shall be as follows:
Two (2) shall serve for terms ending July 1, 1964; two (2) shall serve for
terms ending July 1, 1965; and two (2) shall serve for terms ending July 1, 1966.
Succeeding appointees shall serve three (3) year terms. Any appointee may be
appointed to successive terms. The seventh member of the board shall be an
alderman of the city whose term of office shall be fixed by the mayor, not to
extend beyond his term as alderman. (1979 Code, § 13-301)
1
2
Electrical code: title 12.
This act has been codified as § 9b in the unofficial compilation of
Fayetteville's charter acts as set out in the front of this code of ordinances.
2-13
2-502. Board to govern water and sewer system and gas system.
Under authority granted by Chapter No. 8 of the Private Acts of 1962 and
Tennessee Code Annotated, § 7-52-111, the board of public utilities shall govern
the Fayetteville Water and Sewer System and the Fayetteville Gas System. All
assets, liabilities, and authority of the former water and sewer board and the
former gas board are transferred to the board of public utilities. In accordance
with Tennessee Code Annotated, § 7-52-111(b), the board of public utilities shall
keep separate accounts for the electric plant and each works, making due and
proper allocation of all joint expenses, revenues and property valuations. (as
added by Ord. #2002-11, Sept. 2002)
2-503. [Deleted.] (as added by Ord. #2002-11, Sept. 2002, amended by
Ord. #2006-16, Dec. 2006, and deleted by Ord. #2008-23, Dec. 2008)
2-14
Change 9, March 13, 2007
CHAPTER 6
This chapter was repealed by Ord. #2002-11, Sept. 2002.
3-1
TITLE 3
MUNICIPAL COURT
CHAPTER
1. CITY JUDGE.
2. COURT ADMINISTRATION.
3. WARRANTS, SUMMONSES AND SUBPOENAS.
4. BONDS AND APPEALS.
5. LITIGATION TAX.
CHAPTER 1
CITY JUDGE1
SECTION
3-101. City judge.
3-101. City judge. The judge, as provided in the charter, shall preside
over the city court. (1979 Code, § 1-501)
1
Charter references: §§ 11 and 12.
3-2
CHAPTER 2
COURT ADMINISTRATION
SECTION
3-201. Maintenance of docket.
3-202. Imposition and remission of fines and costs.
3-203. Disposition and report of fines and costs.
3-204. Disturbance of proceedings.
3-205. Trial and disposition of cases.
3-201. Maintenance of docket. The judge shall keep a complete docket
of all matters coming before him in his judicial capacity. The docket shall
include for each defendant such information as his name; warrant and/or
summons numbers; alleged offense; disposition; fines and costs imposed and
whether collected; whether committed to workhouse; and all other information
that may be relevant. (1979 Code, § 1-502)
3-202. Imposition and remission of fines and costs. All fines and costs
shall be imposed and recorded by the judge on the city court docket in open
court. After any fine and costs have been so imposed and recorded, the judge
shall have no power to remit or release the same or any part thereof except
when necessary to correct an error.
Costs of each case except driving under the influence cases and cases
under § 11-301, exclusive of jail costs, shall be seventy and no/100 ($70.00)
dollars and special police fund, $10.00.
Costs of driving under the influence cases and cases under § 11-301,
exclusive of jail costs, shall be one hundred and no/100 ($100.00) dollars, and
special police fund, $10.00. (1979 Code, § 1-508, as amended by Ord. #96-4, Feb.
1996, and replaced by Ord. #2002-8, June 2002)
3-203. Disposition and report of fines and costs. All funds coming into
the hands of the judge in the form of fines, costs, and forfeitures shall be
recorded by him and paid over daily to the municipality. At the end of each
month he shall submit to the board of mayor and aldermen a report accounting
for the collection or non-collection of all fines and costs imposed by his court
during the current month and to date for the current fiscal year. (1979 Code,
§ 1-511)
3-204. Disturbance of proceedings. It shall be unlawful for any person
to create any disturbance of any trial before the judge by making loud or
unusual noises, by using indecorous, profane, or blasphemous language, or by
any distracting conduct whatsoever. (1979 Code, § 1-512)
3-3
3-205. Trial and disposition of cases. Every person charged with
violating a municipal ordinance shall be entitled to an immediate trial and
disposition of his case, provided the city court is in session or the judge is
reasonably available. However, the provisions of this section shall not apply
when the alleged offender, by reason of drunkenness or other incapacity, is not
in a proper condition or is not able to appear before the court. (1979 Code,
§ 1-506)
3-4
CHAPTER 3
WARRANTS, SUMMONSES AND SUBPOENAS
SECTION
3-301. Issuance of arrest warrants.
3-302. Issuance of summonses.
3-303. Issuance of subpoenas.
3-304. Designation of certain municipal enforcement officers as having the
authority to issue ordinance summonses.
3-301. Issuance of arrest warrants.1 Only the judge shall have the
power to issue warrants for the arrest of persons charged with violating city
ordinances. (1979 Code, § 1-503)
3-302. Issuance of summonses. When a complaint of an alleged
ordinance violation is made to the judge, he may in his discretion, in lieu of
issuing an arrest warrant, issue a summons, ordering the alleged offender to
personally appear before the judge at a time specified therein to answer to the
charges against him. The summons shall contain a brief description of the
offense charged but need not set out verbatim the provisions of the ordinance
alleged to have been violated. Upon failure of any person to appear before the
judge as commanded in a summons lawfully served on him, the cause may be
proceeded with ex parte and the judgment of the judge shall be valid and
binding subject to the defendant's right of appeal. (1979 Code, § 1-504)
3-303. Issuance of subpoenas. The judge may subpoena as witnesses all
persons whose testimony he believes will be relevant and material to matters
coming before his court, and it shall be unlawful for any person lawfully served
with such a subpoena to fail or neglect to comply therewith. (1979 Code,
§ 1-505)
3-304. Designation of certain municipal enforcement officers as having
the authority to issue ordinance summonses. The Mayor and Aldermen of the
City of Fayetteville, hereby designate the director of public works as having the
authority to issue ordinance summons in the area of sanitation and the building
official as having the authority to issue ordinance summons in the area of litter
control, construction and zoning codes members of the fire department in the
area of fire codes and fire prevention, and the animal control officer as having
1
State law reference
For authority to issue warrants, see Tennessee Code Annotated, title
40, chapter 6.
3-5
authority to issue ordinance summons in the area of animal control as provided
in Tennessee Code Annotated, §§ 7-63-201 through 7-63-204.
Such enforcement officers who witness a violation of any ordinance, law
or regulation in those areas in which they have been given the authority to issue
ordinance summonses may issue an ordinance summons and give the summons
to the offender.
The ordinance summons shall contain the name and address of the person
being summoned and such other information necessary to identify and give the
person cited notice of the charge against him and state a specific date and place
for the offender to appear and answer the charges against him. The ordinance
summons shall also contain an agreement to appear, which shall be signed by
the offender. If the offender refuses to sign the agreement to appear, the
enforcement officer in whose presence the offense occurred may have a summons
issued by the clerk of the city court or may seek the assistance of a police officer
to witness the violation. The police officer who witnesses the violation may
issue a citation in lieu of arrest for the violation or arrest the offender for failure
to sign the citation in lieu of arrest. If the police officer makes an arrest, he
shall dispose of the person arrested as provided for in citations in lieu of arrest
in non-traffic cases.
It shall be unlawful for any person to violate his agreement to appear in
court, regardless of the disposition of the charge for which the citation in lieu of
arrest was issued. (1979 Code, § 1-513)
3-6
CHAPTER 4
BONDS AND APPEALS
SECTION
3-401. Appearance bonds authorized.
3-402. Appeals.
3-403. Bond amounts, conditions, and forms.
3-401. Appearance bonds authorized. When the judge is not available
or when an alleged offender requests and has reasonable grounds for a delay in
the trial of his case, he may, in lieu of remaining in jail pending disposition of
his case, be allowed to post an appearance bond with the judge or, in the absence
of the judge, with the ranking police officer on duty at the time, provided such
alleged offender is not drunk or otherwise in need of protective custody. (1979
Code, § 1-507)
3-402. Appeals. Any defendant who is dissatisfied with any judgment
of the judge against him may, within ten (10) days next after such judgment is
rendered, appeal to the next term of the circuit court upon posting a proper
appeal bond.1 (1979 Code, § 1-509)
3-403. Bond amounts, conditions, and forms. An appearance bond in
any case before the judge shall be in such amount as the judge shall prescribe
and shall be conditioned that the defendant shall appear for trial before the
judge at the stated time and place. An appeal bond in any case shall be in the
sum of two hundred and fifty dollars ($250.00) and shall be conditioned that if
the circuit court shall find against the appellant the fine and all costs of the trial
and appeal shall be promptly paid by the defendant and/or his sureties. An
appearance or appeal bond in any case may be made in the form of a cash
deposit or by any corporate surety company authorized to do business in
Tennessee or by two (2) private persons who individually own real property
located within the county. No other type bond shall be acceptable. (1979 Code,
§ 1-510)
1
State law reference
Tennessee Code Annotated, § 27-5-101.
3-7
CHAPTER 5
LITIGATION TAX
SECTION
3-501. Litigation tax.
3-501. Litigation tax. Effective on the first day of the month following
the passage and publication of this section, a city litigation tax shall become
effective as follows:
(1)
On cases in city court, there is hereby levied a city litigation tax to
match the state litigation tax of $13.75.
(2)
The privilege taxes levied pursuant to this section shall be paid to
the city recorder monthly to be used to assist in paying for the operation of city
court and the police department. (as added by Ord. #2003-2, June 2003)
4-1
TITLE 4
MUNICIPAL PERSONNEL
CHAPTER
1. SOCIAL SECURITY FOR OFFICERS AND EMPLOYEES.
2. PERSONNEL SYSTEM.
3. MISCELLANEOUS PERSONNEL REGULATIONS.
4. RETIREES' HEALTH INSURANCE SUPPLEMENT FUND.
5. TRAVEL REIMBURSEMENT REGULATIONS.
6. LIFE INSURANCE PROGRAM.
7. OCCUPATIONAL SAFETY AND HEALTH PROGRAM.
CHAPTER 1
SOCIAL SECURITY FOR OFFICERS AND EMPLOYEES
SECTION
4-101. Policy and purpose as to coverage.
4-102. Necessary agreements to be executed.
4-103. Withholdings from salaries or wages.
4-104. Appropriations for employer's contributions.
4-105. Records and reports to be made.
4-106. Effective date of coverage.
4-101. Policy and purpose as to coverage. It is hereby declared to
be the policy and purpose of this city to provide for all eligible employees and
officials of the city, whether employed in connection with a governmental or
proprietary function, the benefits of the system of federal old age and survivors
insurance. In pursuance of said policy, and for that purpose, the city shall take
such action as may be required by applicable state and federal laws or
regulations. (1979 Code, § 1-701)
4-102. Necessary agreements to be executed.1 The mayor is hereby
authorized and directed to execute all the necessary agreements and
amendments thereto with the state executive director of old age insurance, as
agent or agency, to secure coverage of employees and officials as provided in the
preceding section. (1979 Code, § 1-702)
1
See Ord. # 94-11 (Dec. 1994) of record in the office of the city clerk for
amendments to the Social Security Agreement by and between the City of
Fayetteville and the State Old Age and Survivors Insurance Agency.
4-2
4-103. Withholdings from salaries or wages. Withholdings from the
salaries or wages of employees and officials for the purpose provided in the first
section of this chapter are hereby authorized to be made in the amounts and at
such times as may be required by applicable state or federal laws or regulations,
and shall be paid over to the state or federal agency designated by said laws or
4-104. Appropriations for employer's contributions. There shall be
appropriated from available funds such amounts at such times as may be
required by applicable state or federal laws or regulations for employer's
contributions, and the same shall be paid over to the state or federal agency
designated by said laws or regulations. (1979 Code, § 1-704)
4-105. Records and reports to be made. The city shall keep such
records and make such reports as may be required by applicable state and
federal laws or regulations. (1979 Code, § 1-705)
4-106. Effective date of coverage. The coverage herein provided for
shall be effective as of January 1, 1953, with respect to governmental personnel
and effective as of October 1, 1952, with respect to personnel in the electric and
gas distribution systems. (1979 Code, § 1-706)
4-3
CHAPTER 2
PERSONNEL SYSTEM
SECTION
4-201. General provisions.
4-202. Definitions.
4-203. Coverage.
4-204. Personnel rules.
4-201. General provisions. (1) This chapter shall be known as the
"Personnel System Chapter."
(2)
A personnel system for the City of Fayetteville, is hereby
established for the purpose of providing a personnel policy under which entry
into and continuance in the service of the city shall be on the basis of merit,
efficiency, and fitness, free of personal and political considerations.
(3)
It is hereby the declared personnel policy of the City of Fayetteville,
Tennessee, that:
(a)
Employment in the city government shall be based on merit,
efficiency, and fitness, free of personal and political considerations;
(b)
Just and equitable incentives and conditions of employment
shall be established and maintained to promote efficiency and economy
in the operation of the municipal government;
(c)
Positions having similar duties and responsibilities shall be
classified and compensated for on a uniform basis;
(d)
Appointments, promotions, and other personnel actions
requiring the application of the merit principle shall be based on
systematic tests and evaluation;
(e)
Every effort shall be made to stimulate high morale by fair
administration of this chapter and by every consideration of the rights
and interests of employees, consistent with the best interests of the public
and the city;
(f)
Tenure and compensation of employees covered by this
chapter shall be subject to good behavior, satisfactory performance of
work, necessity for the performance of work, and authorization of
available funds.
(4)
No provision of this chapter shall be implemented, and no persons
shall be employed, or salaries or wages changed, unless the necessary
appropriations are provided in the annual budget on adoption or by amendment.
(1979 Code, § 1-801)
4-202. Definitions. As used in this chapter, the following quoted words
and terms shall have the meanings enumerated hereinafter:
(1)
"Municipality" or "city" shall mean the City of Fayetteville.
4-4
(2)
"Chief executive" shall mean the Mayor of the City of Fayetteville.
(3)
"Governing body" shall mean the board of mayor and aldermen
vested with power to enact ordinances and resolutions for the City of
Fayetteville.
(4)
All those definitions as listed in rule II of the personnel rules and
4-203. Coverage. All offices and positions of the city are divided into the
classified service and the exempt service. The exempt service shall include the
following:
(1)
All elected officials and persons appointed to fill vacancies in
elective offices.
(2)
The chief administrative officer and assistant(s) assigned to the
office of said officer.
(3)
All members of appointive boards, commissions, or committees.
(4)
City attorney and assistant city attorneys.
(5)
Consultants, advisors, and counsel rendering temporary
professional service.
(6)
Independent contractors.
(7)
Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as extraordinary fire, flood, or
earthquake which threatens life or property.
(8)
Seasonal employees who are employed by the city for not more than
three (3) months during the fiscal year.
(9)
Persons rendering part-time service or receiving less than forty-one
(41) dollars per week on a regular basis.
(10) Volunteer personnel, such as volunteer firemen; and all other
personnel appointed to serve without compensation.
The classified service shall include all other full-time positions in the city
service which are not specially placed in the exempt service in this section.
(1979 Code, § 1-803)
4-204. Personnel rules. The city administrator shall be responsible for
the preparation of such personnel rules and amendments thereto as may be
necessary to carry out the provisions of this chapter, which rules and
amendments may be adopted by resolution of the board of mayor and aldermen
and shall be effective immediately upon such adoption. (1979 Code, § 1-804)
4-5
CHAPTER 3
MISCELLANEOUS PERSONNEL REGULATIONS
SECTION
4-301. Business dealings.
4-302. [Repealed.]
4-303. [Repealed.]
4-304. [Repealed.]
4-305. [Repealed.]
4-306. Strikes and unions.
4-307. Retirement.
4-308. Vehicle policy.
4-301. Business dealings. Except for the receipt of such compensation
as may be lawfully provided for the performance of his duties, it shall be
unlawful for any city officer or employee to be privately interested in, or to
profit, directly or indirectly, from business dealings with the city. (1979 Code,
§ 1-901)
4-302. [Repealed.] (1979 Code, § 1-902, as repealed by Ord. #2007-2,
May 2007)
May 2007)
May 2007)
May 2007)
4-306. Strikes and unions. No city officer or employee shall participate
in any strike against the city, nor shall he join, be a member of, or solicit any
other municipal officer or employee to join any labor union which authorizes the
use of strikes by government employees. (1979 Code, § 1-906)
4-307. Retirement. The employment of all policemen and firemen who
are members of the Tennessee State Retirement System through the City of
Fayetteville shall be terminated as of the first day of the month following his or
her sixty-fifth birthday. (1979 Code, § 1-907, as amended by Ord. #99-4, July
1999)
4-6
4-308. Vehicle policy. (1) Purpose. Stated herein is the vehicle policy
to be followed by the elected and appointed officials of the City of Fayetteville.
(2)
Definition. "City vehicle:" any vehicle owned by the City of
Fayetteville, its boards or utilities.
(3)
Policy. City vehicles may be used by an elected or appointed official
provided the same is being used for city business. Any vehicle used by said
official out of Lincoln County shall be documented by appropriate log entry.
(4)
Exception. The city administrator shall be exempt from the above
policy but shall be subject to the City of Fayetteville Employee Vehicle policy.
(1979 Code, § 1-908)
4-7
CHAPTER 4
RETIREES' HEALTH INSURANCE SUPPLEMENT FUND
SECTION
4-401. Establishment; management.
4-401. Establishment management. (1) To obtain health insurance
through the City of Fayetteville retirees' health insurance program, a retiree
must be eligible for retirement under the TCRS and meet at least one (1) of the
following sets of conditions:
(a)
Be fifty-five (55) years of age with a minimum of twenty (20)
years of employment with the city and participation in the health
insurance program for at least twelve (12) consecutive months
immediately prior to retirement.
(b)
Be any age with a minimum of thirty (30) years of
employment with the city and participation in the health insurance
program for at least twelve (12) consecutive months immediately prior to
retirement.
(c)
Have a minimum of ten (10) years of continuous employment
with the city, be covered through the TCRS as a disability retirement and
participation in the city's health insurance program for at least twelve
(12) consecutive months immediately prior to retirement.
(2)
Premium supplement covers all eligible employees retiring after
July 1, 1994, through the TCRS subject to the following:
(a)
For those retirees who qualify by meeting the requirements
of subsections (1)(a) or (1)(b) above, the city will pay eighty percent (80%)
of the retiree's individual health coverage monthly premium for a period
of twenty-four (24) months from the time of retirement until the retired
employee is eligible for Medicare insurance or the time of the retiree's
death, whichever comes first. The retiree will be responsible for payment
of the remaining twenty percent (20%) of the monthly premium.
(b)
For those retirees who qualify by meeting the requirements
of only subsection (c) above, the city will pay eighty percent (80%) of the
retiree's individual health coverage monthly premium for a period of
twenty-four (24) months from the time of retirement. If, at the end of the
twenty-four (24) period, the retiree has a pending appeal with the Social
Security Administration, the city will pay eighty percent (80%) of the
retiree's individual health coverage monthly premium until the date of
the completion of the appeal. The retiree will be responsible for payment
of the remaining twenty percent (20%) of the monthly premium.
(c)
The policy of the city's contribution to the retirees' health
insurance premium shall remain in effect until the end of the fiscal year
4-8
in which the policy is passed and shall only be continued thereafter
through annual appropriations within the budget each year.
(d)
If the city terminates the health insurance program for
retirees after the current fiscal year, each participating retiree shall
receive notice of such termination at least six (6) months prior to the date
such termination will be effective.
(e)
If the city otherwise alters the health insurance program for
retirees after the current fiscal year, including but not limited to making
an adjustment in the percentage of the premium the city will pay on
behalf of each retiree, each participating retiree shall receive notice of
such alteration at least one (1) month prior to the date such alteration
will be effective.
(f)
The retired employee's life insurance policy shall be
continued with coverage of ten thousand dollars ($10,000.00) in the event
of the death of the retiree subject to the provisions set forth in (2)(c) above
or until such time the retiree is no longer eligible through the insurance
carrier.
(3)
Retirees may decline the health insurance coverage provided by the
city and receive a stipend for life insurance coverage in lieu thereof, subject to
the following:
(a)
Coverage will be provided for the same duration of time as
provided in subsections (2)(a) and (2)(b) above.
(b)
Payment will be provided directly to an insurance company
chosen by the retiree.
(c)
Payment shall not exceed one hundred dollars ($100.00) per
month.
(d)
A retiree eligible for this coverage shall meet the same
requirements as outlined above for health insurance eligibility.
(e)
A retiree receiving health insurance at the time of passage
of this section may choose this option in place of his or her current
benefit.
(4)
Family coverage shall be available only if the retiree maintained
such coverage for at least twelve (12) consecutive months immediately prior to
retirement. Family members may continue coverage upon the death of the
retiree provided the premium is paid by the family members as stated herein
and allowed by the insurance carrier through the Consolidated Omnibus Budget
Reconciliation Act.
(5)
Each participating retiree is responsible for the payment of twenty
percent (20%) of individual premiums and one hundred percent (100%) of family
premiums. Premiums are due on the first day of the month. Any participating
retiree who fails to pay his or her share of the premium shall be given written
notice that coverage will be terminated within five (5) business days of the date
of the written notice. Failure to make such payment within the five (5) business
4-9
day period following written notice shall result in complete and permanent
cancellation of the coverage.
(6)
Should the city's health insurance carrier discontinue coverage for
retirees, the city will make every reasonable effort to obtain other health
insurance coverage; however, the city is under no obligation to provide health
insurance coverage and may terminate the program at any time. (1979 Code, §
1-1701, as amended by Ord. #98-2, March 1998, Ord. #2001-5, May 2001,
Ord. #2006-7, May 2006, and Ord. #2007-17, Aug. 2007, and replaced by
Ord. #2012-05, March 2012)
4-10
CHAPTER 5
TRAVEL REIMBURSEMENT REGULATIONS
SECTION
4-501. Purpose.
4-502. Enforcement.
4-503. Travel policy.
4-504. Travel reimbursement rate schedules.
4-505. Administrative procedures.
4-506. Travel reconciliation.
4-507. Disciplinary action.
4-501. Purpose. The purpose of this chapter and referenced regulations
is to bring the city into compliance with Tennessee Code Annotated,
§ 6-54-901--6-54-907. This law requires Tennessee municipalities to adopt travel
and expense regulations covering expenses incurred by "any mayor and any
member of the local governing body and any board or committee member elected
or appointed by the mayor or local governing body, and any official or employee
of the municipality whose salary is set by charter or general law."
To provide consistent travel regulations and reimbursement, this chapter
is expanded to cover regular city employees. It is the intent of this policy to
assure fair and equitable treatment to all individuals traveling on city business
at city expense. (1979 Code, § 1-1601, as replaced by Ord. #2009-11, Dec. 2009)
4-502. Enforcement. The chief administrative officer (CAO) of the city
or his or her designee shall be responsible for the enforcement of these travel
regulations. (1979 Code, § 1-1602, as replaced by Ord. #2009-11, Dec. 2009)
4-503. Travel policy. (1) In the interpretation and application of this
chapter, the term "traveler" or "authorized traveler" means any elected or
appointed municipal officer or employee, including members of municipal boards
and committees appointed by the mayor or the municipal governing body, and
the employees of such boards and committees who are traveling on official
municipal business and whose travel was authorized in accordance with this
chapter. "Authorized traveler" shall not include the spouse, children, other
relatives, friends, or companions accompanying the authorized traveler on city
business, unless the person(s) otherwise qualifies as an authorized traveler
under this chapter.
(2)
Authorized travelers are entitled to reimbursement of certain
expenditures incurred while traveling on official business for the city.
Reimbursable expenses shall include expenses for transportation; lodging;
meals; registration fees for conferences, conventions and seminars; and other
actual and necessary expenses related to official business as determined by the
4-11
CAO. Under certain conditions, entertainment expenses may be eligible for
reimbursement.
(3)
Authorized travelers can request either a travel advance for the
projected cost of authorized travel, or advance billing directly to the city for
registration fees, air fares, meals, lodging, conferences and similar expenses.
Travel advance requests are not considered documentation of travel
expenses. If travel advances exceed documented expenses, the traveler must
immediately reimburse the city. It will be the responsibility of the CAO to
initiate action to recover any undocumented travel advances.
(4)
Travel advances are available only for special travel and only after
completion and approval of the travel authorization form.
(5)
The travel expense reimbursement form will be used to document
all expense claims.
(6)
To qualify for reimbursement, travel expenses must be:
(a)
Directly related to the conduct of the city business for which
travel was authorized; and
(b)
Actual, reasonable and necessary under the circumstances.
The CAO may make exceptions for unusual circumstances. Expenses
considered excessive will not be allowed.
(7)
Claims of five dollars ($5.00) or more for travel expense
reimbursement must be supported by the original paid receipt for lodging,
vehicle rental, phone calls, public carrier travel, conference fee and other
reimbursable costs or per diem rates will be reimbursed.
(8)
Any person attempting to defraud the city or misuse city travel
funds is subject to legal action for recovery of fraudulent travel claims and/or
advances.
(9)
Mileage and motel expenses incurred within the city are not
ordinarily considered eligible expenses for reimbursement. (1979 Code,
§ 1-1603, as replaced by Ord. #2009-11, Dec. 2009)
4-504. Travel reimbursement rate schedules. Authorized travelers
shall be reimbursed according to the federal travel regulation rates. The city's
travel reimbursement rates will automatically change when the federal rates
are adjusted. The municipality may pay directly to the provider for expenses
such as meals, lodging and registration fees for conferences, conventions,
seminars and other education programs. (1979 Code, § 1-1604, as replaced by
Ord. #2009-11, Dec. 2009)
4-505. Administrative procedures. (1) Travel requests. To ensure
reimbursement for official travel, an approved travel authorization form is
required. Lack of pre-approval does not prohibit reimbursement, but it does
assure reimbursement within the limits of the city travel policy. All costs
associated with the travel should be reasonably estimated and shown on the
travel authorization form. An approved authorization form is needed before
4-12
advanced expenses are paid or travel advances are authorized. This form must
be submitted one (1) week prior to the travel time. A copy of the conference
program should be attached to the form. If the program is not available prior to
the travel, submit it with the reimbursement form.
(2)
Travel documentation. (a) It is the responsibility of the authorized
traveler to:
(i)
Prepare and accurately describe the travel;
(ii)
Certify the accuracy of the reimbursement request;
(iii) Note on the reimbursement form all direct payments
and travel advances made by the city; and
(iv) File the reimbursement form with the necessary
supporting documents and original receipts.
The reimbursement form must be filed with the city administrator within
ten (10) days of return or at the end of the month, whichever comes first.
(3)
Transportation. (a) All potential costs should be considered when
selecting the modes of transportation. For example, airline travel may be
cheaper than automobile when time away from work and increased meal
and lodging costs are considered. When time is important, or when the
trip is so long that other modes of transportation are not cost beneficial,
air travel is encouraged.
If the traveler goes outside the state by means other than air, the
reimbursement will be limited to air fare at tourist or economy class,
ordinary expenses during the meeting dates, and one (1) day's meals and
motel before and after the meeting. The traveler will be required to take
annual leave or comp time for any additional time taken beyond the day
before and the day after the meeting dates.
(b)
Exceptions. When the traveler extends the trip with
personal time to take advantage of discount fares, the reimbursement will
be limited to the lesser of the:
(i)
Actual expenses incurred; or
(ii)
Amount that would have been incurred for the
business portion only. The calculations for the business portion of
the trip must be made using the least expensive rates available.
(c)
Air travel. All expenses and savings associated with
extending the trip must be submitted with the expense reimbursement
form.
(i)
When possible, the traveler should make full use of
discounts for advance airline reservations and advance
registration. The traveler should request conference, government,
or weekend rates, whichever is cheaper, when making lodging or
rental car reservations. The city will pay for tourist or economy
class air travel. The traveler should get the cheapest reasonable
fare and take advantage of discount fares. Airline travel can be
paid by direct billing to the city.
4-13
(ii)
Mileage credits for frequent flyer programs accrue to
the individual traveler. However, the city will not reimburse for
additional expenses – such as circuitous routing, extended stays,
layovers to schedule a particular carrier, upgrading from economy
to first class – for travelers to accumulate additional mileage or for
other personal reasons.
(iii) The city will not reimburse travel by private aircraft
unless authorized in advance by the CAO.
(d)
Rail or bus. The city will pay for actual cost of ticket.
(e)
Vehicles. Automobile transportation may be used when a
common carrier cannot be scheduled, when it is more economical, when
a common carrier is not practical, or when expenses can be reduced by
two (2) or more city employees traveling together.
(i)
Personal vehicle. Employees should use city vehicles
when possible. Use of a private vehicle must be approved in
advance by the CAO. The city will pay a mileage rate not to exceed
the rate allowed by the federal schedule. The miles for
reimbursement shall be paid from work office to destination and
back by the most direct route or from employee's home if this
distance is shorter. Necessary vicinity travel related to official city
business may be reimbursed. However, mileage in excess of the
Rand McNally (www.randmcnally.com) mileage must be
documented as necessary and business-related. If an indirect route
is taken, the Rand-McNally mileage table will be used to
determine the mileage to be reimbursed.
If a privately owned automobile is used by two (2) or more
travelers on the same trip, only the traveler who owns or has
custody of the automobile will be reimbursed for mileage. It is the
responsibility of the traveler to provide adequate insurance to hold
harmless the city for any liability from the use of the private
vehicle.
In no event will mileage reimbursement, plus vicinity travel
and associated automobile costs, exceed the lowest reasonable
available air fare and associated air fare travel costs.
Travelers will not be reimbursed for automotive repair or
breakdowns when using their personal vehicle.
(ii)
City vehicle. The city may require the employee to
drive a city vehicle. If a city vehicle is provided, the traveler is
responsible for seeing that the vehicle is used properly and only for
acceptable business. The employee will be reimbursed for expenses
directly related to the actual and normal use of the city vehicle
when proper documentation is provided. Fuelman is the city's
preferred gas and diesel provider when out of town. Many service
stations display the Fuelman sign. Check the internet for the
4-14
Fuelman stations before leaving on the trip. The station attendant
can be checked before refueling. The amount used is discounted
and saves city budgets. Out-of-town repair costs to the city vehicle
in excess of one hundred dollars ($100.00) must be cleared with the
CAO before the repair is authorized.
(iii) Rental cars. Use of a rental car is not permitted
unless it's less expensive or otherwise more practical than public
transportation. Approval of car rental is generally required in
advance by the CAO. Always request the government or weekend
rate, whichever is cheaper. Anyone who uses a rental car for
out-of-state travel must obtain liability coverage from the vendor.
(A)
Fines for traffic or parking violations will not
be reimbursed by the city.
(B)
Reasonable tolls will be allowed when the most
direct travel route requires them.
(f)
Taxi, limousine and other transportation fares. When an
individual travels by common carrier, reasonable fares will be allowed for
necessary ground transportation. Bus or limousine service to and from
airports should be used when available and practical. The city will
reimburse mileage for travel to and from the local airport and parking
fees, provided such costs do not exceed normal taxi/limousine fares to and
from the airport. Receipts are required.
For travel between lodging quarters and meetings, conferences, or
meals, reasonable taxi fares will be allowed. Remember, original receipts
are required for claims of five dollars ($5.00) or more or per diem rates
will be paid.
Transportation to and from shopping, entertainment, or other
personal trips is the choice of the traveler and not reimbursable.
Reimbursement claims for taxis, limousines, or other ground
transportation must be listed separately on the expense form, claiming
the destination and amount of each fare.
(4)
Lodging. The amount allocated for lodging shall not ordinarily
exceed the maximum per diem rates authorized by the federal rate schedule.
(a)
If the city reimburses using the federal rates, the
Government Services Administration provides guidelines for determining
the maximum that can be reimbursed for lodging. These amounts are
available on line at http://www.gsa.gov. The rates are the maximum
reimbursable rates for hotel rooms plus appropriate taxes.
(b)
Original lodging receipts must be submitted with the
reimbursement form. Photocopies are not acceptable; however, fax copies
will be accepted with approval of the CAO.
(c)
If a traveler exceeds the maximum lodging per diem, excess
costs are the responsibility of the traveler.
4-15
(d)
If the best rate is secured, and it still exceeds the maximum
lodging per diem, the CAO may authorize a higher reimbursement
amount.
Even if it costs more, travelers may be allowed to stay at the
officially designated hotel of the meeting; however, more moderately
priced accommodations must be requested whenever possible. It will be
the traveler's responsibility to provide documentation of the "officially
designated meeting site" room rates, if these rates are higher than the
normal reimbursable amounts.
(e)
If two (2) or more city employees travel together and share
a room, the lodging reimbursement rate will be the maximum of two (2)
single rooms. If an employee shares a room with a non-employee, the
actual cost will be allowed up to the maximum reimbursable amount. The
receipt for the entire amount must be submitted with the expense form.
(5)
Meals and incidentals. Receipts are not required for meals and
incidentals under five dollars ($5.00). The authorized traveler may be
reimbursed the daily amount based on the rate schedule and the authorized
length of stay. The per diem meal amounts are expected to cover meals, and
incidental expenses.
Whether meals may be claimed depends on when the traveler leaves and
returns to the official station. The traveler's official station is home or work,
whichever produces the least cost to the city. When partial day travel is
involved, the current per diem allowance is determined as follows:
Meal
If departure before
If return after
Breakfast
7:00 A.M.
8:00 A.M.
Lunch
11:00 A.M.
1:30 P.M.
Dinner
5:00 P.M.
6:30 P.M.
The hour and date of departure and return must be shown on the expense
reimbursement form.
The excess cost of an official banquet may be allowed provided proper
documentation or explanation is submitted with the expense reimbursement
form. If a meal is included as part of a conference or seminar registration, or is
included with the air fare, then the allowance for that meal should be subtracted
from the total allowance for the day. For example, if a dinner is included as part
of the conference fee, the maximum meal allowance for the day should be
reduced by the allowed dinner amount.
(6)
Miscellaneous expenses. (a) Registration fees for approved
conferences, conventions, seminars, meetings and other educational
programs will be allowed and will generally include the cost of official
4-16
banquets, meals, lodging and registration fees. Registration fees should
be specified on the original travel request form and can include a request
for pre-registration fee payment.
(b)
A four dollar ($4.00) allowance will be reimbursable for
hotel/motel check-in and baggage handling expenses.
(c)
Laundry and valet service are considered personal expenses
and are not reimbursable.
(d)
Tips for meals, cab fares, and other transportation, must be
documented on the travel form. Receipts are not mandatory; however,
where practical, tip receipts should be requested. Tips may not exceed
normal and customary for the area. (Generally twenty percent (20%) or
less is standard.)
(e)
For travel outside the United States, all expenses claimed
must be converted to U.S. dollars. The conversion rate and computation
should be shown on each receipt.
(7)
Entertainment. The city may pay for certain entertainment
expenses provided that this:
(a)
Entertainment is appropriate in the conduct of city business;
(b)
Entertainment is approved by the CAO;
(c)
Group or individuals involved are identified; and
(d)
Documentation is attached to the expense form to support
the entertainment expense claims.
To request reimbursement for authorized entertainment expenses,
be sure to include with the expense reimbursement form:
(i)
Required receipts. All requests must be supported by
original receipts from the vendor (restaurant, caterer, ticket office,
etc.). Reasonable tips and gratuities included on the receipt by the
vendor are reimbursable.
(ii)
A disclosure and explanation statement, explaining
the purpose of the entertainment and identifying the group and
the number of people entertained (or individual names listed if not
a recognized group).
(iii) Excessive charges will be reviewed on a case-by-case
bases.
If the CAO is the person filing the claim, then it must be approved
by the mayor before the finance officer authorizes payment. (as added by
Ord. #2009-11, Dec. 2009)
4-506. Travel reconciliation. (1) Within ten (10) days of return from
travel, or by the end of the month whichever is less, the traveler must complete
and file the expense reimbursement form. It must be certified by the traveler
that the amount due is true and accurate. Original lodging, travel, taxi, parking
and other receipts must be attached.
4-17
If the city provided a travel advance or made advanced payment, the
traveler should include that information on the expense form. In the case of
advances, the form should have a reconciliation summary, reflecting total
claimed expenses with advances and city pre-payments indicated. The balance
due the traveler or the refund due the city should be clearly shown below the
total claim on the form or in a cover memo attached to the front of the form.
(2)
If the traveler received a travel advance and spent less than the
advance, the traveler should attach a check made payable to the city for that
difference.
(3)
The CAO will address special circumstances and issues not covered
in this chapter on a case-by-case basis. (as added by Ord. #2009-11, Dec. 2009)
4-507. Disciplinary action. Violation of the travel rules can result in
disciplinary action for employees. Travel fraud can result in criminal
prosecution. (as added by Ord. #2009-11, Dec. 2009)
4-18
CHAPTER 6
LIFE INSURANCE PROGRAM
SECTION
4-601. Qualifications; premium supplement.
4-601. Qualifications; premium supplement. Retirees desiring life
insurance will be managed, controlled and expended in the following manner:
(1)
All retirees to obtain life insurance through the City of Fayetteville
Life Insurance Program must be eligible for retirement under the TCRS and
meet at least one of the following conditions:
(a)
55 years of age and at least 20 years of service with the city
and covered under the life insurance program for at least one full year
(b)
60 years of age and at least 10 years of service with the city
and covered under the life insurance program for at least three full years
(c)
At least 30 years of service with the city and be covered
under the life insurance program for at least one full year immediately
prior to retirement.
Should the city's life insurance carrier discontinue coverage for
retirees, the city will make every reasonable effort to find coverage,
however, the city is under no obligation to provide coverage to the retiree.
Should the city be unable to provide coverage through an "A" rated
insurance company the city may terminate the program.
(2)
Premium supplement covers all eligible employees retiring after
July 1, 1995, subject to the following:
(a)
The city will pay the premium (through the Retirees Health
Insurance Supplement Fund) not to exceed the premium for regular
employees from the time of retirement until age 65 or time of death.
(b)
The policy of the city's contribution to the retiree's insurance
premium shall remain in effect until such time as the initial contribution
and accumulated interest thereon is exhausted at which time it will
terminate unless additional funding is provided by future boards of
mayor and aldermen of the city. The retiree will receive six months
notice of cancellation of the city's contribution. (as added by Ord. #95-21,
Aug. 1995)
4-19
CHAPTER 7
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
SECTION
4-701. Title.
4-702. Purpose.
4-703. Coverage.
4-704. Standards authorized.
4-705. Variances from standards authorized.
4-706. Administration.
4-707. Funding the program.
4-701. Title. This section shall provide authority for establishing and
administering the Occupational Safety and Health Program for the employees
of the City of Fayetteville. (Ord. #2000-5, May 2000, as replaced by
Ord. #2011-07, April 2011)
4-702. Purpose. The City of Fayetteville Board of Mayor and Aldermen,
in electing to establish and maintain an effective occupational safety and health
program for its employees, shall:
(1)
Provide a safe and healthful place and condition of employment.
(2)
Make, keep, preserve, and make available to the Commissioner of
Labor of the State of Tennessee, his designated representatives, or persons
within the Tennessee Department of Labor to whom such responsibilities have
been delegated, adequate records of all occupational accidents and illnesses and
personal injuries for proper evaluation and necessary corrective action as
required.
(3)
Provide for education and training of personnel for the fair and
efficient administration of occupational safety and health standards and provide
for education and notification of all employees of the existence of this program.
(Ord. #2000-5, May 2000, as replaced by Ord. #2011-07, April 2011)
4-703. Coverage. The provisions of the Occupational Safety and Health
Program for the employees of the City of Fayetteville shall apply to all
employees of each administrative department, commission, board, division, or
other agency of the City of Fayetteville whether part-time or full-time, seasonal
or permanent. (Ord. #2000-5, May 2000, as replaced by Ord. #2011-07, April
2011)
4-704. Standards authorized. The occupational safety and health
standards adopted by the City of Fayetteville are the same as, but not limited
to, the State of Tennessee Occupational Safety and Health Standards
promulgated, or which may be promulgated, in accordance with section 6 of the
4-20
Tennessee Occupational Safety and Health Act of 1972 (Tennessee Code
Annotated, title 50, chapter 51). (Ord. #2000-5, May 2000, as replaced by
Ord. #2011-07, April 2011)
4-705. Variances from standards authorized. The city administrator
may, upon written application to the Commissioner of Labor of the State of
Tennessee, request an order granting a temporary variance from any approved
standards. Applications for variances shall be in accordance with "Rules of
Tennessee Department of Labor, Occupational Safety, chapter 0800-1-2, as
authorized by Tennessee Code Annotated, title 5. Prior to requesting such
temporary variance, the city administrator shall notify or serve notice to
employees, their designated representatives, or interested parties and present
them with an opportunity for a hearing. The posting of notice on the main
bulletin board as designated by the city administrator shall be deemed sufficient
notice to employees. (Ord. #2000-5, May 2000, as replaced by Ord. #2011-07,
April 2011)
4-706. Administration. For the purposes of this chapter, the city
administrator is designated as the director of occupational safety and health to
perform duties and to exercise powers assigned so as to plan, develop, and
administer the City of Fayetteville program. The director shall develop a plan
of operation1 for the program and said plan shall become a part of this chapter
when it satisfies all applicable sections of the Tennessee Occupational Safety
and Health Act of 1972 and part IV of the Tennessee Occupational Safety and
Health Plan. (Ord. #2000-5, May 2000, as replaced by Ord. #2011-07, April
2011)
4-707. Funding the program. Sufficient funds for administering and
staffing the program pursuant to this chapter shall be made available as
authorized by the board of mayor and aldermen. (Ord. #2000-5, May 2000, as
replaced by Ord. #2011-07, April 2011)
1
The plan of operation is of record in the office of the administrator.
5-1
TITLE 5
MUNICIPAL FINANCE AND TAXATION1
CHAPTER
1. MISCELLANEOUS.
2. REAL PROPERTY TAXES.
3. PRIVILEGE TAXES.
4. WHOLESALE BEER TAX.
5. PUBLIC ADVERTISING AND COMPETITIVE BIDDING.
CHAPTER 1
MISCELLANEOUS
SECTION
5-101. Official depositories for city funds named; withdrawals therefrom.
5-101. Official depositories for city funds named; withdrawals
therefrom. Regions Bank, Bank of Lincoln County, First National Bank of
Pulaski, Colonial Bank, AmSouth Bank, U.S. Bank, Union Planters Bank and
their successors and Tennessee Local Government Investment Pool are
designated as official depositories for all city funds. All checks, drafts, or
withdrawals made from the accounts in said depositories shall in addition to the
name of the city bear the personal signature of the clerk or assistant clerk and
shall be countersigned by the mayor or mayor pro-tem. (1979 Code, § 6-101, as
amended by Ord. #2003-5, Aug. 2003)
1
Alcoholic beverage privilege tax: title 8, chapter 3.
5-2
CHAPTER 2
REAL PROPERTY TAXES
SECTION
5-201. When due and payable.
5-202. When delinquent--penalty and interest.
5-201. When due and payable.1 Taxes levied by the municipality against
real and personal property shall become due and payable annually on the first
Monday of October of the year for which levied. (1979 Code, § 6-201)
5-202. When delinquent--penalty and interest.2 All real and personal
property taxes shall become delinquent on and after the first day of March next
after they become due and payable and shall thereupon be subject to such
penalty and interest as is authorized and prescribed by the state law for
delinquent county real and personal property taxes3 except that beginning with
the real and personal property taxes becoming delinquent on March 1, 1981, and
1
State law references
Tennessee Code Annotated, §§ 67-1-701, 67-1-702 and 67-1-801, read
together, permit a municipality to collect its own property taxes if its
charter authorizes it to do so, or to turn over the collection of its
property taxes to the county trustee. Apparently, under those same
provisions, if a municipality collects its own property taxes, tax due
and delinquency dates are as prescribed by the charter; if the county
trustee collects them, the tax due date is the first Monday in October,
and the delinquency date is the following March 1.
2
Charter and state law reference
Tennessee Code Annotated, § 67-5-2010(b) provides that if the county
trustee collects the municipality's property taxes, a penalty of 1/2 of
1% and interest of 1% shall be added on the first day of March,
following the tax due date and on the first day of each succeeding
month.
3
Charter and state law references
A municipality has the option of collecting delinquent property taxes
any one of three ways:
(1)
Under the provisions of its charter for the collection of
delinquent property taxes.
(2)
Under Tennessee Code Annotated, §§ 6-55-201--6-55-206.
(3)
By the county trustee under Tennessee Code Annotated,
§ 67-5-2005.
5-3
subsequent years the penalty and interest shall accrue at the rate of one and
one-half percent (1%) for the first month of such delinquency and one and
one-half percent (1%) for each additional month that said taxes remain
delinquent to a maximum of eighteen percent (18%). (1979 Code, § 6-202)
5-4
CHAPTER 3
PRIVILEGE TAXES
SECTION
5-301. Tax levied.
5-302. License required.
5-303. Refunds.
5-301. Tax levied. Except as otherwise specifically provided in this code,
there is hereby levied on all vocations, occupations, and businesses declared by
the general laws of the state to be privileges taxable by municipalities, an
annual privilege tax in the maximum amount allowed by state laws. The taxes
provided for in the state's "Business Tax Act" (Tennessee Code Annotated, § 674-701, et seq.) are hereby expressly enacted, ordained, and levied on the
businesses, business activities, vocations, and occupations carried on within the
city at the rates and in the manner prescribed by the act. (1979 Code, § 6-301)
5-302. License required. No person shall exercise any such privilege
within the municipality without a currently effective privilege license, which
shall be issued by the city clerk to each applicant therefor upon the applicant's
compliance with all regulatory provisions in this code and payment of the
appropriate privilege tax. (1979 Code, § 6-302)
5-303. Refunds. The clerk is authorized and empowered to settle and
adjust with taxpayers all errors of city business taxes erroneously or illegally
collected by the city and to direct the refunding of same. Any claim for such
refund of taxes erroneously or illegally paid shall be filed with the clerk
supported by proper proof within one (1) year from the date of payment,
otherwise the taxpayer shall not be entitled to a refund and said claim for
refund shall be barred. (1979 Code, § 6-303)
5-5
CHAPTER 4
WHOLESALE BEER TAX
SECTION
5-401. To be collected.
5-401. To be collected. The city clerk is hereby directed to take
appropriate action to assure payment to the municipality of the wholesale beer
tax levied by the "Wholesale Beer Tax Act," as set out in Tennessee Code
Annotated, title 57, chapter 6.1 (1979 Code, § 6-401)
1
State law reference
Tennessee Code Annotated, title 57, chapter 6 provides for a tax of
17% on the sale of beer at wholesale. Every wholesaler is required to
remit to each municipality the amount of the net tax on beer wholesale
sales to retailers and other persons within the corporate limits of the
municipality.
5-6
CHAPTER 5
PUBLIC ADVERTISING AND COMPETITIVE BIDDING
SECTION
5-501. Amount required increased to a maximum of $10,000.00.
5-502. Purchasing amount increased requiring no public advertisement of
competitive bidding.
5-501. Amount required increased to a maximum of $10,000.00. The
amount required for public advertising and competitive bidding in Tennessee
Code Annotated, section 6-56-306 for the City of Fayetteville be increased to a
maximum of $10,000.00. (as added by Ord. #95-17, July 1995 and amended by
Ord. #99-3, July 1999)
5-502. Purchase amount increased requiring no public advertisement
of competitive bidding. The one thousand dollars ($1,000.00) purchase amount
set out in the Municipal Purchasing Law of 1983 below which no public
advertisement or competitive bidding is required is increased to four thousand
dollars ($4,000.00). (as added by Ord. #2006-10, June 2006)
6-1
TITLE 6
LAW ENFORCEMENT
CHAPTER
1. POLICE AND ARREST.
2. WORKHOUSE.
CHAPTER 1
POLICE AND ARREST1
SECTION
6-101. Policemen subject to chief's orders.
6-102. Policemen to preserve law and order, etc.
6-103. Policemen to wear uniforms and be armed.
6-104. When policemen to make arrests.
6-105. Policemen may require assistance in making arrests.
6-106. Disposition of persons arrested.
6-107. Police department records.
6-101. Policemen subject to chief's orders. All policemen shall obey
and comply with such orders and administrative rules and regulations as the
police chief may officially issue. (1979 Code, § 1-401)
6-102. Policemen to preserve law and order, etc. Policemen shall
preserve law and order within the city. They shall patrol the city and shall
assist the city court during the trail of cases. Policemen shall also promptly
serve any legal process issued by the city court or notices issued by the mayor
or board of mayor and aldermen. (1979 Code, § 1-402)
6-103. Policemen to wear uniforms and be armed. All policemen
shall wear such uniform and badge as the board of mayor and aldermen shall
authorize and shall carry a service pistol and billy club at all times while on
duty unless otherwise expressly directed by the chief for a special assignment.
(1979 Code, § 1-403)
6-104. When policemen to make arrests 1.
Unless otherwise
authorized or directed in this code or other applicable law, an arrest of the
person shall be made by a policeman in the following cases:
1
Traffic citations, etc.: title 15, chapter 7.
6-2
(1)
Whenever he is in possession of a warrant for the arrest of the
person.
(2)
Whenever an offense is committed or a breach of the peace is
threatened in the officer's presence by the person.
(3)
Whenever a felony has in fact been committed and the officer has
reasonable cause to believe the person has committed it. (1979 Code, § 1-404)
6-105. Policemen may require assistance in making arrests. It
shall be unlawful for any male person to willfully refuse to aid a policeman in
making a lawful arrest when such a person's assistance is requested by the
policeman and is reasonably necessary to effect the arrest. (1979 Code, § 1-405)
6-106. Disposition of persons arrested. Unless otherwise authorized
by law, when a person is arrested he shall be brought before the city court for
immediate trial or allowed to post bond. When the city judge is not immediately
available and the alleged offender is not able to post the required bond, he shall
be confined. (1979 Code, § 1-406)
6-107. Police department records. The police department shall keep
a comprehensive and detailed daily record in permanent form, showing:
(1)
All known or reported offenses and/or crimes committed within the
corporate limits.
(2)
All arrests made by policemen.
(3)
All police investigations made, funerals convoyed, fire calls
answered, and other miscellaneous activities of the police department. (1979
Code, § 1-407)
6-3
CHAPTER 2
WORKHOUSE
SECTION
6-201. County workhouse to be used.
6-202. Inmates to be worked.
6-203. Compensation of inmates.
6-201. County workhouse to be used. The Lincoln County jail is
hereby designated as the city workhouse. (1979 Code, § 1-601)
6-202. Inmates to be worked.
All persons committed to the
workhouse, to the extent that their physical condition shall permit, shall be
required to perform such public work or labor as may be lawfully prescribed by
the chief of police. (1979 Code, § 1-602)
6-203. Compensation of inmates. Each workhouse inmate shall be
allowed such credit as authorized by law toward payment of the fines assessed
against him. 1 (1979 Code, § 1-603)
1
State law reference
7-1
TITLE 7
FIRE PROTECTION AND FIREWORKS1
CHAPTER
1. FIRE DISTRICT.
2. FIRE CODE.
3. FIRE DEPARTMENT.
4. FIRE SERVICE OUTSIDE CITY LIMITS.
5. FIREWORKS.
CHAPTER 1
FIRE DISTRICT
SECTION
7-101. Fire limits described.
7-101. Fire limits described. The corporate fire limits shall include all
that area within one (1) block east and west and two (2) blocks north and south
of the town square (1979 Code, § 7-101)
1
Building, utility and housing codes: title 12.
7-2
CHAPTER 2
FIRE CODE1
SECTION
7-201. Fire code adopted.
7-202. Enforcement.
7-203. Definition of "municipality."
7-204. Gasoline trucks.
7-205. Modifications.
7-206. Violations.
7-207. Installation of rooftop and ground mounted solar photovoltaic array
systems and their appurtenances.
7-201. Fire code adopted. (1) That a certain document, three (3)
copies of which are on file in the office of the and Building Codes Department of
City of Fayetteville being marked and designated as the International Fire
Code, 2006 edition, including Appendix Chapters A, B, C, D, E, F, and G, as
published by the International Code Council,2 be and is hereby adopted as the
Fire Code of the City of Fayetteville, in the State of Tennessee regulating and
governing the safeguarding of life and property from fire and explosion hazards
arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy
of buildings and premises as herein provided; providing for the issuance of
permits and collection of fees therefore; and each and all of the regulations,
provisions, penalties, conditions and terms of said fire code on file in the office
of the City of Fayetteville are hereby referred to, adopted, and made a part
hereof, as if fully set out in this section, with the additions, insertions, deletions
and changes, if any, prescribed in subsection (2) of this section.
(2)
That the following sections are hereby revised:
Section 101.1 City of Fayetteville.
Section 109.3. Violation of Fire Code, $50.00 each violation per day.
Section 111.4. not less than $50.00 or more than $50.00 per day of
violation.
(3)
That the geographic limits referred to in certain sections of the
2006 International Fire Code are hereby established as follows:
1
2
Building, utility and housing codes: title 12.
Life safety code: title 12, chapter 10.
Copies of this code are available from the International Code Council, 900
Montclair Road, Birmingham, Alabama 35213-1206.
7-3
Section 3204.3.1.1 (geographic limits in which the storage of flammable
cryogenic fluids in stationary containers is prohibited): As approved by the fire
chief.
Section 3404.2.9.5.1 (geographic limits in which the storage of Class I and
Class II liquids in aboveground tanks outside of buildings is prohibited): As
approved by the fire chief.
Section 3406.2.4.4 (geographic limits in which the storage of Class I and
Class II liquids in aboveground tanks is prohibited): As approved by the fire
chief.
Section 3804.2 (geographic limits in which the storage of liquefied
petroleum gas is restricted for the protection of heavily populated or congested
areas): As approved by the fire chief (1979 Code, § 7-201, modified, as replaced
by Ord. #98-1, § 5, Feb. 1998; Ord. #2001-4, March 2001, and Ord. #2007-32,
Oct. 2007)
7-202. Enforcement. The fire prevention code herein adopted by
reference shall be enforced by the chief of the fire department. (1979 Code,
§ 7-202)
7-203. Definition of "municipality."
Whenever the word
"municipality" is used in the fire prevention code herein adopted, it shall be held
to mean the City of Fayetteville. (1979 Code, § 7-203)
7-204. Gasoline trucks. No person shall operate or park any gasoline
tank truck within the central business district or within any residential area at
any time except for the purpose of and while actually engaged in the expeditious
delivery of gasoline. (1979 Code, § 7-204)
7-205. Modifications. The chief of the fire department may recommend
to the board of mayor and aldermen modifications from the provisions of the fire
prevention code upon application in writing by any property owner or lessee, or
the duly authorized agent of either, when there are practical difficulties in the
way of carrying out the strict letter of the code, provided that the spirit of the
code shall be observed, public safety secured, and substantial justice done. The
particulars of such modifications when granted or allowed shall be contained in
a resolution of the board of mayor and aldermen. (1979 Code, § 7-205)
7-206. Violations. It shall be unlawful for any person to violate any of
the provisions of this chapter or the fire code herein adopted, or fail to comply
therewith, or violate or fail to comply with any order made thereunder; or build
in violation of any detailed statement of specifications or plans submitted and
approved thereunder, or any certificate or permit issued thereunder, and from
which no appeal has been taken; or fail to comply with such an order as affirmed
or modified by the board of mayor and aldermen or by a court of competent
7-4
jurisdiction, within the time fixed herein. The application of a penalty under the
general penalty clause for the city code shall not be held to prevent the enforced
removal of prohibited conditions. (1979 Code, § 7-206)
7-207. Installation of rooftop and ground mounted solar
photovoltaic array systems and their appurtenances. (1) Installation of
photovoltaic array systems shall be installed in accordance with the provisions
contained herein. In the event there is a conflict between the provision contained
herein, or any other code or regulation adopted by the City of Fayetteville, the
more stringent requirement shall apply.
(2)
Marking. PV systems shall be marked. Marking is needed to
provide emergency responders with appropriate warning and guidance with
respect to working around and isolating the solar electric system. This can
facilitate identifying energized electrical lines that connect to solar modules to
the inverter, as these should not be cut when venting for smoke removal.
Material used for marking must be weather resistant. It is recommended
that Underwriters Laboratories Marking and Labeling System 969 (UL969) be
used as standard to determine weather rating. (UL listing of markings is not
required.)
(3)
Main service disconnect. For residential applications, the marking
may be placed within the main service disconnect. If the main service disconnect
is operable with the service panel closed, the marking shall be placed on the
outside of the cover.
For commercial applications, the marking shall be placed adjacent to the
main service disconnect in a location clearly visible from the location where the
lever is operated.
(a)
Marking content and format:
(i)
Marking content: CAUTION, SOLAR ELECTRIC
SYSTEM CONNECTED;
(ii)
Red background;
(iii) White lettering;
(iv) Minimum 3/8" letter height;
(v)
All capital letters;
(vi) Arial or similar font;
(vii) Reflective, weather resistant material suitable for
exposure to the environment (Example: CAUTION, SOLAR
ELECTRIC SYSTEM CONNECTED).
(4)
Marking for direct current conduit, raceways, enclosures, cable
assemblies, and junction boxes. Marking is required on all interior and exterior
DC conduit, raceways, enclosures, cable assemblies, and junction boxes to alert
the fire service to avoid cutting them. Marking should be placed on all interior
and exterior DC conduit, raceways, enclosures, and cable assemblies, every ten
feet (10'), at turns and above and below penetrations and all DC combiner and
junction boxes.
(a)
7-5
Marking content and format:
(i)
Marking content: CAUTION SOLAR CIRCUIT;
(ii)
Red background;
(iii) White lettering;
(iv) Minimum 3/8" letter height;
(v)
All capital letters;
(vi) Arial or similar font;
(vii) Reflective, weather resistant material suitable for
exposure to the environment (Example: CAUTION SOLAR
CIRCUIT).
(5)
Inverters. The inverter is a device used to convert DC electricity
from the solar system to AC electricity for use in the building's electrical system
or the grid. No markings are required for the inverter.
(6)
Access, pathways, and smoke ventilation. (a) Access and spacing
requirements shall be observed in order to:
(i)
Ensure access to the roof;
(ii)
Provide pathways to specific areas of the roof;
(iii) Provide for smoke ventilation opportunity areas;
(iv) Provide emergency egress from the roof.
(b)
The local jurisdiction may create exceptions to this
requirement where access, pathway or ventilation requirements are
reduced due to:
(i)
Proximity to adjacent exposures;
(ii)
Alternative access opportunities (as from adjoining
roofs);
(iii) Ground level access to the roof area in question;
(iv) Adequate ventilation opportunities beneath solar
array (as with significantly elevated or widely spaced arrays);
(v)
Adequate ventilation opportunities afforded by
module set back from other rooftop equipment (i.e. shading or
structural constraints may leave significant areas open for
ventilation near other rooftop equipment);
(vi) Automatic ventilation devices;
(vii) New technology, methods, or other innovations that
ensure adequate fire department access, pathways and ventilation
opportunities.
Designation of ridge, hip, and valley does not apply to roofs with 2-in-12
or less roof pitch. All roof dimensions are measured to centerlines.
Roof access points shall be defined as areas where ladders are not placed
over openings (i.e. windows and doors) and are located at strong points of
building construction and in locations where they will not conflict with overhead
obstructions (i.e. tree limbs, wires, or signs).
(7)
Residential systems-single and two-family residential dwellings.
Plan review is required if a system is to be installed that will occupy more than
7-6
fifty percent (50%) of the roof area of a residential building. Examples of this
requirement appear t the end of this document.1
(a)
Access/pathways. (i) Residential buildings with hip roof
layouts. Modules shall be located in a manner that provides one (1)
three foot (3') wide clear access pathway from the eave to the ridge
on each roof slope where modules are located. The access pathway
shall be located at a structurally strong location on the building
(i.e. bearing wall);
(ii)
Residential buildings with a single ridge. Modules
shall be located in a manner that provides two (2) three foot (3')
wide access pathways from the cave to the ridge on each roof slope
where modules are located;
(iii) Hips and valleys. Modules should be located no closer
than one and one-half feet (1 1/2') to a hip or a valley if modules
are to be placed on both sides of a hip or valley. If the modules are
to be located on only one (1) side of a hip or valley that is of equal
length then the modules may be placed directly adjacent to the hip
or valley.
(b)
Smoke venting. The modules should be located no higher
than three feet (3') below the ridge.
(8)
Commercial buildings and residential housing comprised of three
(3) or more dwellings. Exception, if the fire official determines that the roof
configuration is similar to residential (i.e. townhouses, condominiums, or singlefamily attached buildings) the fire code official may make a determination to
apply the residential access and ventilation requirements.
(a)
Access. There shall be a minimum six foot (6') wide clear
perimeter around the edges of the roof.
Exception, if either axis of the building is two hundred fifty feet
(250') or less in length, there shall be a minimum four feet (4') wide clear
perimeter around the edges of the roof.
(b)
Pathways. Pathways shall be established for the design of
the solar installation. Pathways shall meet the following requirements:
(i)
Shall be over structural elements;
(ii)
Centerline axis pathways should be provided in both
axis of the roof. Centerline axis pathways should run on structural
members or over the next closest structural member nearest the
centerline of the roof.
(iii) Shall be straight lines not less than four feet (4') clear
to roof standpipes;
(iv) Shall be straight line not less than four feet (4') clear
to skylights and/or ventilation hatches;
1
Examples are available in the office of the city administrator.
7-7
(v)
Shall provide not less than four feet (4') clear around
roof access hatch with at least one (1) not less than four feet (4')
clear pathway to parapet or roof edge.
(c)
Smoke ventilation. (i) Arrays shall be no greater than one
hundred fifty by one hundred fifty feet (150' x 150') in distance in
either axis;
(ii)
Ventilation options between array sections should be
either:
(A)
A pathway eight feet (8') or greater in width;
(B)
Four feet (4') or greater in width pathway and
bordering on existing roof skylights or ventilation hatches;
(C)
Four feet (4') or greater in width pathway and
bordering four feet by eight feet (4' x 8') "venting cutouts"
every twenty feet (20') on alternating sides of the pathway.
(9)
Location of Direct Current (DC) conductors. Conduit wiring
systems, and raceways for photovoltaic circuits should be located as close as
possible to the ridge, hip or valley and from the hip or valley as directly as
possible to an outside wall to reduce trip hazards and maximize ventilation
opportunities.
Conduit runs between sub arrays and to DC combiner boxes should use
design guidelines that minimize the total amount of conduit on the roof by
taking the shortest path from the array to the DC combiner box. The DC
combiner boxes are to be located such that conduit runs are minimized in the
pathways between arrays.
To limit the hazard of cutting live conduit in venting operations, DC
wiring shall be run in metal conduit or raceways when located within enclosed
spaces in a building and should be run to the maximum extent possible along
the bottom of load-bearing members.
(10) Non-habitable buildings. These regulations shall not apply to nonhabitable structures. Examples of non-habitable structures include, but are not
limited to, parking shade structures, solar trellises, etc.
(11) Ground mounted photovoltaic arrays. Setback requirements do not
apply to ground-mounted, freestanding photovoltaic arrays. A clear brush area
of ten feet (10') is required for ground mounted photovoltaic arrays.
(12) The attached pictorial examples (1-8) shall be attached hereto and
incorporated herein.1 (as added by Ord. #2012-14, Sept. 2012)
1
Examples are available in the office of the city administrator.
7-8
CHAPTER 3
FIRE DEPARTMENT1
SECTION
7-301. Establishment, equipment, and membership.
7-302. Objectives.
7-303. Organization, rules, and regulations.
7-304. Records and reports.
7-305. Tenure and compensation of members.
7-306. Chief responsible for training and maintenance.
7-307. Chief to be assistant to state officer.
7-301. Establishment, equipment, and membership. There is
hereby established a fire department to be supported and equipped from
appropriations by the board of mayor and aldermen. All apparatus, equipment,
and supplies shall be purchased by or through the municipality and shall be and
remain the property of the municipality. The fire department shall be composed
of a chief appointed by the board of mayor and aldermen and such number of
physically-fit subordinate officers, fire marshal and firemen as the chief shall
appoint and the fire committee shall approve. (1979 Code, § 7-301)
7-302. Objectives. The fire department shall have as its objectives:
(1)
To prevent uncontrolled fires from starting.
(2)
To prevent the loss of life and property in case a fire does start.
(3)
To confine fires to the place of origin.
(4)
To extinguish uncontrolled fires.
(5)
To prevent loss of life from asphyxiation or drowning.
(6)
To perform such rescue work as its equipment and/or the training
of its personnel makes practicable. (1979 Code, § 7-302)
7-303. Organization, rules, and regulations. The chief of the fire
department shall set up the organization of the department, make definite
assignments to individuals, and shall formulate and enforce such rules and
regulations as shall be necessary for the orderly and efficient operation of the
fire department. (1979 Code, § 7-303)
7-304. Records and reports. The chief of the fire department shall
keep adequate records of all fires, inspections, apparatus, equipment, personnel,
and work of the department. He shall submit a written report on such matters
1
Special privileges with respect to traffic: title 15, chapter 2.
7-9
to the mayor once each month, and at the end of the year a detailed annual
report shall be made. (1979 Code, § 7-304)
7-305. Tenure and compensation of members. The chief shall hold
office so long as his conduct and efficiency are satisfactory to the governing body.
However, so that adequate discipline may be maintained, the chief shall have
the authority to suspend up to thirty (30) days any other member of the fire
department when he deems such action to be necessary for the good of the
department. The chief may with the approval of the fire committee discharge
any member of the fire department when he deems such action to be necessary
for the good of the department. The chief may be suspended up to thirty (30)
days by the mayor but may be dismissed only by the board of mayor and
aldermen.
All personnel of the fire department shall receive such compensation for
their services as the board of mayor and aldermen may from time to time
prescribe. (1979 Code, § 7-305)
7-306. Chief responsible for training and maintenance. The chief
of the fire department, shall be fully responsible for the training of the firemen
and the minimum training shall consist of having the personnel take the fire
apparatus out for practice operations not less than once a month. (1979 Code,
§ 7-306)
7-307. Chief to be assistant to state officer.
Pursuant to
requirements of Tennessee Code Annotated, § 68-102-108, the chief of the fire
department is designated as an assistant to the state commissioner of commerce
and insurance and is subject to all the duties and obligations imposed by
Tennessee Code Annotated, title 68, chapter 102, and shall be subject to the
directions of the fire prevention commissioner in the execution of the provisions
thereof. (1979 Code, § 7-308)
7-10
CHAPTER 4
FIRE SERVICE OUTSIDE CITY LIMITS
SECTION
7-401. Use of equipment outside city restricted.
7-401. Use of equipment outside city restricted.
The fire
department shall answer calls within the corporate limits. The chief may, at his
discretion, order fire department personnel and equipment to answer calls
outside the limits described above. However, in such event an experienced
driver must remain at the fire hall and no more than one pumper and one
snorkel and twenty-five per cent (25%) of the personnel may answer any such
call. (1979 Code, § 7-307, as amended by Ord. #98-4, April 1998)
7-11
CHAPTER 5
FIREWORKS
SECTION
7-501. Fireworks unlawful.
7-502. Unlawful uses of fireworks.
7-501. Fireworks unlawful. It shall be unlawful for fire crackers,
torpedoes, Roman candles, sparklers or other fireworks or substances
designated and intended for pyrotechnic display to be sold within the fire limits
of the city except in a building of masonry construction.
It shall also be unlawful to fire, discharge, or explode such fireworks
within the corporate fire limits. (1979 Code, § 7-102)
7-502. Unlawful uses of fireworks. It is unlawful to discharge or use
fireworks from city property, streets or sidewalks without prior written consent
of the board of mayor and aldermen. It is unlawful to ignite or discharge
fireworks within or throw them from a motor vehicle, and it is unlawful to place
or throw ignited fireworks into or at a motor vehicle, or at or near any person or
group of persons. It is unlawful to launch fireworks onto property of persons who
have not given permission to do so. It is unlawful to use fireworks in any
manner that endangers other persons or property. (as added by Ord. #2008-17,
Dec. 2009)
8-1
TITLE 8
ALCOHOLIC BEVERAGES1
CHAPTER
1. INTOXICATING LIQUORS.
2. BEER.
3. ALCOHOLIC BEVERAGE PRIVILEGE TAX.
CHAPTER 1
INTOXICATING LIQUORS
SECTION
8-101. Alcoholic beverages subject to regulation.
8-102. Application for certificate of good moral character.
8-103. Applicant to agree to comply with law.
8-104. Applicant to appear before board of mayor and alderman; duty to give
information.
8-105. Action on application.
8-106. Residency requirement.
8-107. Applicants for certificate who have criminal record.
8-108. Only one establishment to be operated by retailer.
8-109. Where establishments may be located.
8-110. Retail stores to be on ground floor; entrances.
8-111. Limitation on number of retailers.
8-112. Sales for consumption on premises.
8-113. Radios, amusement devices and seating facilities prohibited in retail
establishments.
8-114. Inspection fee.
8-115. Violations.
8-101. Alcoholic beverages subject to regulation. It shall be
unlawful to engage in the business of selling, storing, transporting, distributing,
or to purchase or possess alcoholic beverages within the corporate limits of this
city except as provided by Tennessee Code Annotated, title 57. (1979 code,
§ 2-101, as replaced by Ord. #96-6, § 1, March 1996)
8-102. Application for certificate of good moral character. Before
any character certificate, as required by Tennessee Code Annotated, section
1
State law reference
Tennessee Code Annotated, title 57.
8-2
57-3-208 or a renewal as required by 57-3-213 shall be signed by the mayor, or
by any aldermen, an application in writing shall be filed with the city clerk on
a form to be provided by the city, giving the following information:
(1)
Name, age and address of the applicant.
(2)
Number of years residence in the city.
(3)
Occupation or business and length of time engaged in such
occupation or business.
(4)
Whether or not the applicant has been convicted of a violation of
any state or federal law or of the violation of this code or any city ordinance, and
the details of any such conviction.
(5)
If employed, the name and address of employer.
(6)
If in business, the kind of business and location thereof.
(7)
The location of the proposed store for the sale of alcoholic
beverages.
(8)
The name and address of the owner of the store.
(9)
If the applicant is a partnership, the name, age and address of each
partner, and his occupation, business or employer. If the applicant is a
corporation, the name, age and address of the stockholders and their degrees of
ownership of stock in the corporation.
The information in the application shall be verified by the oath of the
applicant. If the applicant is a partnership or a corporation, the application
shall be verified by the oath of each partner, or by the president of the
corporation.
Each application shall be accompanied by a non-refundable investigation
fee of two hundred and fifty dollars ($250.00). (1979 code, § 2-102, as replaced
by Ord. #96-6, § 1, March 1996)
8-103. Applicant to agree to comply with law. The applicant for a
certificate was of good moral character shall agree in writing to comply with the
state and federal laws and ordinances of the city and rules and regulations of
the Alcoholic Beverage Commission of the state for the sale of alcoholic
beverages. (1979 code, § 2-103, as replaced by Ord. #96-6, § 1, March 1996)
8-104. Applicant to appear before board of mayor and aldermen;
duty to give information. An applicant for a certificate of good moral
character may be required to appear in person before the board of mayor and
aldermen for such reasonable examination as may be desired by the board.
(1979 code, § 2-104, as replaced by Ord. #96-6, § 1, March 1996)
8-105. Action on application. Every application for a certificate of
good moral character shall be referred to the chief of police for investigation and
to the city attorney for review, each of whom shall submit his findings to the
board of mayor and aldermen within thirty (30) days of the date each application
was filed.
8-3
The mayor or a majority of the board of mayor and aldermen may issue
a certificate of moral character to any applicant.
The certificate shall expire unless the State of Tennessee has issued a
valid liquor license to the applicant within sixty days of the date of the
certificate. (1979 code, § 2-105, as replaced by Ord. #96-6, § 1, March 1996)
8-106. Residency requirement. The applicant for a certificate of good
moral character shall have been a bona fide resident of Lincoln County for not
less than one (1) year at the time his application is filed. If the applicant is a
partnership or a corporation, each of the partners or stockholders must have
been a bona fide resident of Lincoln County not less than one (1) year at the
time the application is filed. This section shall not apply to any applicant who
has been continuously licensed pursuant to Tennessee Code Annotated, section
57-3-204, for seven (7) consecutive years. (1979 code, § 2-106, as replaced by
Ord. #96-6, § 1, March 1996, and amended by Ord. #97-8, July 1997)
8-107. Applicants for certificate who have criminal record. No
certificate of good moral character for the manufacture or vinting of wine shall
be issued to any person, (or if the applicant is a partnership, any partner, or if
the applicant is a corporation, any stockholder), who, within ten (10) years
preceding the application for such certificate of good moral character, has been
convicted of any felony or of any offense under the laws of the state or of the
United States prohibiting the sale, possession, transportation, storage or
otherwise handling of intoxicating liquors, or who has during such period been
engaged in business, alone or with others, in violation of such laws. (1979 code,
8-108. Only one establishment to be operated by retailer. No
retailer shall operate, directly or indirectly, more than one place of business for
the sale of alcoholic beverages in the city. The word "indirectly", as used in this
section, shall include and mean any kind of interest in another place of business
by way of stock, ownership, loan, partner's interest or otherwise. (1979 code,
8-109. Where establishments may be located. It shall be unlawful
for any person to operate or maintain any retail establishment for the sale,
storage or distribution of alcoholic beverages in the city except at locations zoned
for that purpose, but in no event shall any establishment be located within five
hundred (500) feet of a hospital, church or school, or any other place of public
gathering, measured in a straight line; between the buildings. (1979 code,
§ 2-109; as replaced by Ord. #96-6, § 1, March 1996 and Ord. #97-1, Jan. 1997)
8-110. Retail stores to be on ground floor; entrances. No retail
store shall be located anywhere on premises in the city except on the ground
8-4
floor thereof. Each such store shall have only one main entrance; provided, that
when a store is located on the corner of two (2) streets, such store may maintain
a door opening on each such street; and provided further, that any salesroom
adjoining the lobby of a hotel may maintain an additional door into such lobby
as long as the lobby is open to the public. (1979 code, § 2-110, as replaced by
Ord. #96-6, § 1, March 1996)
8-111. Limitation on number of retailers. No more than four (4)
retail licenses for the sale of alcoholic beverages shall be issued under this
chapter. (1979 code, § 2-111, as replaced by Ord. #96-6, § 1, March 1996, and
Ord. #2006-2, Jan. 2006)
8-112. Sales for consumption on premises. No alcoholic beverages
shall be sold for consumption on the premises of the seller. (1979 code, § 2-112,
as replaced by Ord. #96-6, § 1, March 1996)
8-113. Radios, amusement devices and seating facilities
prohibited in retail establishments. No radios, pinball machines, slot
machines or other devices which tend to cause persons to congregate in such
place shall be permitted in any retail establishment. No seating facilities shall
be provided for persons other than employees. (1979 code, § 2-113, as replaced
by Ord. #96-6, § 1, March 1996)
8-114. Inspection fee. The City of Fayetteville hereby imposes an
inspection fee in the maximum amount allowed by Tennessee Code Annotated,
section 57-3-501 on all licensed retailers of alcoholic beverages located within
the corporate limits of the city. (1979 code, § 2-114, as replaced by Ord. #96-6,
§ 1, March 1996)
8-115. Violations. Any violation of this chapter shall constitute a civil
offense and shall, upon conviction, be punishable by a penalty under the general
penalty clause of this code. Upon conviction of any person under this chapter,
it shall be mandatory for the city clerk to immediately certify the conviction,
whether on appeal or not, to the Tennessee Alcoholic Beverage Commission.
(1979 code, § 2-115, as replaced by Ord. #96-6, § 1, March 1996)
8-116. Visible consumption or possession in certain areas
regulated. Visible consumption or possession of alcoholic beverages in
unsealed containers upon or in any vehicle upon, any public street, alley,
sidewalk, or parking lot, within any governmental building, or upon any
commercial or business parking lot or visible consumption or possession of
alcoholic beverages in unsealed containers upon or in any vehicle upon, any
private property without the permission of the owner or the person in legal
control of the premises shall be a violation of this chapter. (1979 Code, § 2-122,
as renumbered by Ord. #96-6, § 2, March 1996)
8-5
8-117. Beer regulations unaffected. No provision of this chapter shall
be considered or construed as in any way modifying, changing, or restricting the
rules and regulations governing the sale, storage, transportation, etc., or tax
upon beer or other liquids with an alcoholic content of five (5) per cent or less.
(1979 Code, § 2-123, as renumbered by Ord. #96-6, § 2, March 1996)
8-6
CHAPTER 2
BEER1
SECTION
8-201. Sale, transportation, distribution, etc., regulated.
8-202. Beverage board created; membership; terms.
8-203. Meetings of the beverage board.
8-204. Record of beverage board proceedings to be kept.
8-205. Requirements for beverage board quorum and action.
8-206. Powers and duties of the beverage board.
8-207. Permit required to sell, store, distribute, manufacture beer.
8-208. Classes of permits.
8-209. Limitations upon issuance of beer permits.
8-210. Contents of application for permit; qualifications of applicant and
employees; application fee.
8-211. Suspension, revocation, expiration, or renewal of permits.
8-212. Permits for hotels, clubs, lodges.
8-213. All fees and taxes required to be paid.
8-214. Permit to be displayed.
8-215. Permits not transferable.
8-216. Prohibited activities by beer permit holders.
8-217. Wholesalers, distributors, manufacturers; restrictions as to places of
business.
8-218. Same; sales authorized to permittees only.
8-219. Bond of retail licensee.
8-220. Minors; certain acts prohibited.
8-221. Hours for furnishing and/or consuming on licensed premises.
8-222. Sanitation requirements and standards for licensed premises;
inspections; placement of signs.
8-223. Violation of chapter as grounds for suspension or revocation of permit.
8-224. Minors prohibited from being on premises.
8-225. Privilege tax.
8-201. Sale, transportation, distribution, etc., regulated. It shall
be lawful within the City of Fayetteville to transport, store, sell, distribute,
possess, receive, and/or manufacture beer of alcoholic content of not more than
five (5) per cent by weight, or any other beverage of like alcoholic content,
1
State law reference
For a leading case in Tennessee on a municipality's authority to
regulate beer, see the Tennessee Supreme Court decision in Watkins
v. Naifeth, 635 S.W.2d 104 (1982).
8-7
subject, however, to the rules and regulations and restrictions and conditions
which may be attached to any permit issued hereunder by the beverage board
of the City of Fayetteville, Tennessee. (1979 Code, § 2-201)
8-202. Beverage board created; membership; terms. There is
hereby created a board of three (3) members, to be known as the beverage board
of the City of Fayetteville, Tennessee. The three (3) members shall be the mayor
and two aldermen appointed by the mayor. Their terms of office shall coincide
with their terms of office as mayor and aldermen. (1979 Code, § 2-202)
8-203. Meetings of the beverage board. All meetings of the beverage
board shall be open to the public. The board shall hold regular monthly
meetings at the municipal building whenever there is business to come before
the beverage board. A special meeting of the beverage board may be called by
its chairman provided he gives a reasonable notice thereof to each board
member, and the board may adjourn a meeting at any time to another time and
place. (1979 Code, § 2-203)
8-204. Record of beverage board proceedings to be kept. The city
clerk shall make a separate record of the proceedings of all meetings of the
beverage board. The record shall be a public record and shall contain at least
the following: the date of each meeting; the names of the board members present
and absent; the names of the members introducing and seconding motions and
resolutions, etc., before the board; a copy of each such motion or resolution
presented; the vote of each member thereon; and the provisions of each
beverage permit issued by the board. (1979 Code, § 2-204)
8-205. Requirements for beverage board quorum and action. The
attendance of at least a majority of the members of the beverage board shall be
required to constitute a quorum for the purpose of transacting business.
Matters before the board shall be decided by a majority of the members present
if a quorum is constituted. Any member present but not voting shall be deemed
to have cast a "nay" vote. (1979 Code, § 2-205)
8-206. Powers and duties of the beverage board. The beverage
board shall have the power and it is hereby directed to regulate the selling,
storing for sale, distributing for sale and manufacturing of beer within this
municipality in accordance with the provisions of this chapter. (1979 Code,
§ 2-206)
8-207. Permit required to sell, store, distribute, manufacture
beer. No person shall engage in the storing, selling, distributing or
manufacturing of beer of alcoholic content of not more than such weight, volume,
or alcoholic content as is allowable by the statutory laws of the State of
8-8
Tennessee, or other beverage of like alcoholic content within the city, until he
shall receive a permit to do so from the beverage board, which permit shall at
all times be subject to all of the limitations and restrictions herein provided and
such special restrictions or conditions as may be applied to a specific permit.
(1979 Code, § 2-207)
8-208. Classes of permits. There shall be three (3) classes or kinds of
permits issued by the beverage board as follows:
(1)
Manufacturers. A "manufacturer's" permit to a manufacturer of
beer, or any other beverage of an alcoholic content of not more than five (5)
percent by weight, for the manufacture, possession, storage, sale, distribution,
and transportation of the product of such manufacturer, not to be consumed by
the purchaser upon or near the premises of such manufacturer.
(2)
Off-sale. An "off-sale" permit to any person or legal organization
engaged in the sale of such beverages where they are not to be consumed by the
purchaser upon or near the premises of such seller.
(3)
On-sale. An "on-sale" permit to any person or legal organization
engaged in the sale of such beverages where they are to be consumed by the
purchaser or his guests upon the premises of the seller, and provided such
beverages may also be sold in hotel rooms or regularly conducted hotels and in
regularly incorporated clubs and lodges upon their obtaining the required
permit.
(4)
(a)
Caterer's Permit. A caterer's permit shall be issued to any
person who has obtained a caterer license from the state alcoholic
beverage commission for sale and consumption of wine and other
alcoholic beverages pursuant to Tennessee Code Annotated, title 57,
chapter 4 (T.C.A. § 57-4-101 et seq.), and who is engaged in the sale of
beer where the beer is to be consumed by the purchaser or his guests
upon the premises of the catered event site.
"Caterer" means a person or legal entity engaged in the business
of offering food and beverage services for a fee at various locations, who
(1) has a complete and adequate commercial kitchen facility; and (2) is
licensed as a caterer by the Tennessee Department of Health. In addition
to the other requirements of this chapter:
(b)
No caterer's permit shall be issued to a person who does not
hold a valid caterer license from the state alcoholic beverage commission
for sale and consumption of wine and other alcoholic beverages pursuant
to Tennessee Code Annotated, title 57, chapter 4 (T.CA. § 57-4-101 et
seq.). Should the holder of a caterer's permit cease to hold a valid caterer
license from the state alcoholic beverage commission, such as caterer's
permit shall be automatically deemed revoked by the board.
(c)
The caterer shall be hired for a fee in order to qualify for a
caterer's permit and the catered event shall not be initiated by the
caterer.
8-9
(d)
No caterer's permit shall be valid for the sale and
consumption of beer on any premises for which a retailer's "on-sale"
permit has been revoked within the past twelve (12) month period, nor
shall a caterer's permit be used for the sale and consumption of beer on
any premises owned or leased by a person, firm, corporation, joint-stock
company, syndicate or association having at least a five percent (5%)
ownership interest in the establishment that has had a retailer's "on sale"
permit revoked within the past twelve (12) month period.
(e)
A caterer's permit is valid for each catering site. (1979 Code,
§ 2-208, as amended by Ord. #2007-24, Oct. 2007)
8-209. Limitations upon issuance of beer permits. No permit shall
be issued by the beverage board:
(1)
In violation of any provisions of state law.
(2)
In violation of the zoning ordinance of the City of Fayetteville.
(3)
At any location where the sale of beer or other beverages will cause
congestion of traffic, interference with schools, churches, or other places of
public gatherings, or otherwise interfere with public health, safety and morals.
(4)
At any location for "on premises consumption" which is not
enclosed except that temporary beer licenses or permits not to exceed ten (10)
days duration during any twelve (12) month period may be issued for locations
that do not meet this criteria.
(5)
Definition of enclosed. For the purposes of this section, enclosed
shall include any outdoor area that is separated by an ornamental railing or
fence constructed of materials similar to those of the exterior of the main
structure, with chain link fences specifically excluded and separated from
vehicular traffic, including parking areas and protected from traffic hazards.
Enclosed area shall not intrude upon any public walkway or right of way. (1979
Code, § 2-209, as amended by Ord. #2001-10, July 2001)
8-210. Contents of application for permit; qualifications of
applicant and employees; application fee. (1) Before any permit is issued
by the beverage board, the applicant therefor shall file with the beverage board
a sworn petition in writing on forms prescribed by and furnished by the board
and shall establish the following:
(a)
The owner or owners of such premises.
(b)
[Deleted.]
(c)
That the applicant will not engage in the sale of such
beverages except at the place or places for which the beverage board has
issued a permit or permits to such applicant.
(d)
That no sale of such beverages will be made except in
accordance with the permit granted.
8-10
(e)
That if the application is for a permit to sell "not for
consumption on the premises," no sale will be made for consumption on
the premises and that no consumption will be allowed on the premises.
(f)
That no sale will be made to minors, and that the applicant
will not permit minors or disorderly or disreputable persons hereto
connected with the violation of liquor laws to loiter around the place of
business.
(g)
The beverage board may require the applicant to secure a
certificate or a statement from the health officer that the premises which
the application covers meets the requirements of section 2-222 of this
chapter.
(h)
That the applicant will not allow any beer with an alcoholic
content greater than such weight, volume, or alcoholic content as allowed
by the laws of the State of Tennessee, to be consumed on his premises.
(i)
That neither the applicant nor any persons employed or to
be employed by him in such distribution or sale of such beverage has ever
been convicted of any violation of the law against prohibition, sale,
manufacture or transportation of intoxicating liquor, or of any crime
involving moral turpitude within the past ten (10) years.
(j)
That the applicant will conduct the business in person for
himself or, if he is acting as agent, the applicant shall state the person,
firm, or corporation, syndicate, association, or joint stock companies for
whom and only for whom, the applicant intends to act.
(k)
That no beer shall be sold from coin-operated dispensers.
(2)
No manufacturer, wholesaler, or retailer, or any employee thereof,
engaged in the physical manufacture, storage, sale, or distribution of alcoholic
beverages shall be a person under the age of eighteen (18) years and it shall be
unlawful for any wholesaler or retailer to employ any person under eighteen (18)
years of age for the physical storage, sale, or distribution of alcoholic beverages,
or to permit any such person under said age in its place of business to engage
in the manufacture, storage, sale or distribution of alcoholic beverages.
(3)
Each applicant at the time of filing an application for a permit as
provided hereunder shall pay a non-refundable application fee of two hundred
fifty dollars ($250.00) to partially defray the cost of investigation of such
application and no such application shall be considered until said fee has been
paid to the city clerk. The beverage board shall have thirty (30) days after the
filing of an application with the city clerk in which to investigate the applicant
and his premises and act on the application.
(4)
Temporary beer licenses or permits not to exceed thirty (30) days
duration may be issued upon the same conditions governing permanent permits.
Provided however, such a temporary license or permit shall not allow the sale,
storage or manufacture of such beer on public owned property. (1979 Code,
§ 2-210, modified, as amended by Ord. #97-1, Jan. 1997)
8-11
8-211. Suspension, revocation, expiration, or renewal of permits.
(1)
All permits subject to suspension, revocation. All permits issued
by the beverage board under the provisions of this chapter shall be subject to
suspension or revocation by said board for the violation of any of the provisions
of the state beer act or any of the provisions of this chapter.
The beverage board may, at the time it imposes a revocation or
suspension, offer a permit holder the alternative of paying a civil penalty not to
exceed $1,500.00 for each offense of making or permitting to be made any sales
to minors or, a civil penalty not to exceed $1,000.00 for any other offense. If a
civil penalty is offered as an alternative to revocation or suspension, the holder
shall have seven (7) days within which to pay the civil penalty before the
revocation or suspension shall be imposed. If the civil penalty is paid within
that time, the revocation or suspension shall be deemed withdrawn.
(2)
Authority of board. The board created by this chapter is vested
with full and complete power to investigate charges against any permit holder
and to cite any permit holder to appear and show cause why his permit should
not be revoked for the violation of the provisions of this chapter or the provisions
of the state beer act.
(3)
Complaints. Complaints filed against any permit holder for the
purpose of suspending or revoking such permits shall be made in writing and
filed with the board.
(4)
Notice to appear; contents; service. When the board shall have
reason to believe that any permit holder shall have violated any of the
provisions of this chapter or any of the provisions of the state beer act, the board
is authorized, in its discretion, to notify the permittee of said violations and to
cite said permittee by written notice to appear and show cause why his permit
should not be suspended or revoked for such violations. Said notice to appear
and show cause shall state the alleged violations charged and shall be served
upon the permittee either by registered letter or by a member of the police
department of the city. The notice shall be served upon the permittee at least
five (5) days before the date of the hearing.
(5)
Effect of board action. The action of the board in all such hearings
shall be final, subject only to review by the court as provided in the state beer
act. When a permit is revoked, no new permit shall be issued hereunder for the
sale of beer at the same location, until the expiration of one (1) year from the
date said revocation becomes final. (1979 Code, § 2-211)
8-212. Permits for hotels, clubs, lodges. It shall be lawful for the
beverage board to issue a permit for the sale of any beverage coming within the
provisions of this chapter to hotels, clubs, or lodges, subject to the limitations
and restrictions contained in the state law and the rules and regulations
promulgated thereunder, and subject to all the limitations and restrictions
contained in the permit required by this chapter and any ordinance amendatory
hereof. (1979 Code, § 2-212)
8-12
8-213. All fees and taxes required to be paid. Each applicant
granted a permit to sell any beverage coming within the provisions of this
chapter shall, before engaging in such sale, pay all proper city taxes and
business fees. (1979 Code, § 2-213)
8-214. Permit to be displayed. The permit required by this chapter
shall be posted in a conspicuous place on the premises of the permit holder.
(1979 Code, § 2-214)
8-215. Permits not transferable. Permits issued under the provisions
of this chapter are not transferable, either as to location or as to successor by
purchase or otherwise, of the business for which the permit was issued, and in
either case a new permit is required in the manner provided herein. (1979 Code,
§ 2-215)
8-216. Prohibited conduct or activities by beer permit holders.
It shall be unlawful and it is hereby declared to be a misdemeanor for any
person engaged in the business regulated hereunder,
(1)
To make, or to permit to be made, any sales or distribution of such
beverages to minors or to persons intoxicated;
(2)
To allow any person under twenty-one (21) years of age to have in
his or her possession beer for any purpose except in the course of his or her
employment or make or allow any sale of beer to any person under twenty-one
(21) years of age.
The burden of ascertaining the age of customers shall be upon the owner
or operator of such place of business;
(3)
To fail to provide proper sanitary facilities where such beverage is
permitted to be consumed on-premises;
(4)
To sell or distribute beverages at any place where pool or billiards
are played, unless the sale or distribution of such beverage is made in the front
of such room or place where a partition wall separates the place from the pool
or billiard parlor;
(5)
To permit minors or disorderly or intoxicated persons to loiter on
the premises;
(6)
To permit any person to be employed on the premises in violation
of any provision of this chapter; or
(7)
Permit any employee of the license holder to dispense, serve, sell
or give away alcoholic beverages which term means and includes alcohol, spirits,
liquor and wine with an alcoholic content of more than five (5) percent by weight
but this prohibition shall not apply to any license holder also licensed under
Tennessee Code Annotated, §§ 57-4-101 to 57-4-308.
(8)
Permit the consumption on the premises of any permit holder of
alcoholic beverages which term means and includes alcohol, spirits, liquors and
8-13
wine with an alcoholic content of more than five percent (5%) by weight but this
prohibition shall not apply to any permit holder also licensed under Tennessee
Code Annotated, section 57-4-101 to 57-4-308.
(9)
To allow any loud, unusual or obnoxious noises to emanate from
the premises.
(10) To allow the place of business to become a public nuisance to law
enforcing agencies of the City of Fayetteville, or create a nuisance or materially
contribute to creating or maintaining a public nuisance.
(11) The owner and operator shall be held strictly accountable for any
actions of his or her employees which violate any of the above provisions. (1979
Code, § 2-216, as amended by Ord. #96-19, Dec. 1996; and further amended by
Ord. #98-3, §§ 1 and 2, April 1998, and Ord. #2006-11, Sept. 2006)
8-217. Wholesalers, distributors, manufacturers; restrictions as
to places of business. No wholesaler of alcoholic beverages regulated herein
shall maintain more than one place of business. However, the beverage board
in its discretion may issue a special permit to any distributor to allow said
distributor to store beer in a warehouse or building apart from the building from
which the business is conducted. In addition, such distributors are authorized
to store draft beer, for refrigeration purposes only, in one additional ice house
or refrigeration plant under the following conditions:
(1)
For the purpose of this chapter, any employee of such ice house or
refrigeration plant who may be in any manner connected with the sale or
distribution of beer stored therein shall be deemed to be an employee of the
wholesaler or distributor when beer is so stored, and any violation of this
chapter or any provision of the beer law by such employee shall be deemed to be
a violation by said wholesaler or distributor.
(2)
Except sales from trucks from duly authorized salesmen, or as
otherwise provided herein, no beer shall be transferred from, sold in, stored in,
brought to rest in, sold from, possessed in, receipted for at, manufactured,
wholesaled, or distributed from any other place, building or location, except from
said building, place, or location set out and called for in the wholesaler's,
distributor's, or manufacturer's beer permit, and/or said ice house or
refrigeration plant and no beer shall be transferred to a retailer or any other
purchaser except from the location called for in said wholesaler's, distributor's,
or manufacturer's beer permit, and/or said ice house or refrigeration plant, by
any wholesaler, distributor,or manufacturer, their salesmen or authorized
representatives. (1979 Code, § 2-217)
8-218. Same; sales authorized to permittees only. It shall be
unlawful for any wholesaler, distributor, or manufacturer of beer, or any of their
salesmen or representatives, to sell or deliver beer enroute, or from delivery
vehicles, to any persons other than the holders of valid retail beer permits and
it shall be the duty of such wholesaler, distributor, or manufacturer, their
8-14
salesmen or representatives, to ascertain whether or not each purchaser is a
holder of a valid retail beer permit. (1979 Code, § 2-218)
8-219. Bond of retail licensee. Every person, prior to being issued a
license to sell at retail within the city any beverages permitted to be sold
hereunder, shall file with the clerk of the county court the bond required under
Tennessee Code Annotated, § 57-5-107. (1979 Code, § 2-219)
8-220. Minors; certain acts prohibited. (1) Purchase, possession. It
shall be unlawful for any minor to purchase or attempt to purchase any
beverage hereunder and the possession of such beverage by any minor upon the
premises of an on-premises permittee shall be prima facie evidence of such
unlawful purchase.
It shall be unlawful for any person under the age of twenty-one (21) years
to have in his or her possession beer for any purpose, and it shall be unlawful
for any such minor to transport beer for any purpose except the same be in the
course of his employment.
(2)
Falsifying age. It shall be unlawful for any minor to present or
offer to any permittee, his agent or employee, any written evidence of his age
which is false, fraudulent, or not actually his own, for the purpose of purchasing
or attempting to purchase or otherwise procuring or attempting to procure such
beverage.
(3)
Court having jurisdiction. Any minor who acts in violation of any
one or more of the provisions of this section shall be deemed guilty of a
misdemeanor and shall be taken before the county juvenile judge for appropriate
disposition.
(4)
Definition of minor. For purposes of this chapter, a minor is any
person under the age of twenty-one years. (1979 Code, § 2-220)
8-221. Hours for furnishing and/or consuming on licensed
premises. It shall be unlawful for holders of permits for the sale of beer for
consumption on the premises or for the sale of packaged beer not for
consumption on the premises to sell, lend, or give away or allow any sale,
lending or giving away of beer between the hours of 3:00 o'clock a.m. and 6:00
o'clock a.m. on any day or at any time on Sunday after 3:00 o'clock a.m. before
12:00 o'clock noon. No beer shall be consumed or opened for consumption on or
about the premises of a permittee for the sale of beer for consumption on the
premises after 3:15 o'clock a.m. (1979 Code, § 2-221, as amended by Ord. #96-2,
§ 1, Jan. 1996; and replaced by Ord. #96-18, Nov. 1996)
8-222. Sanitation requirements and standards for licensed
premises; inspections; placement of signs. (1) Any person holding a permit
under this chapter for sale for consumption on the premises shall keep and
maintain the premises in a clean and sanitary condition, the requirements of
8-15
which shall be the equivalent of that required for a rating of class "B" or better
as established by the Tennessee state department of conservation, division of
hotel and restaurant inspections.
(2)
The city health officer or any properly authorized person is hereby
authorized to enter the premises of a permittee, at all reasonable hours, for the
making of such inspections as may be necessary. The determination of the
sanitary conditions is solely a question for the city.
(3)
Any holder of a beer permit shall not advertise beer by signs or
displays located on, attached to, or extending over the public sidewalks or public
rights of way. (1979 Code, § 2-222)
8-223. Violation of chapter as grounds for suspension or
revocation of permit. Each day's violation of each or any provision of this
chapter by any permit holder, or each sale made in violation of any provision of
this chapter shall constitute a separate misdemeanor for which the permit
issued hereunder may be suspended or revoked in addition to any fine imposed
under the general penalty clause for this code. (1979 Code, § 2-223)
8-224. Minors prohibited from being on premises. No holder of a
permit to sell beer for consumption on the premises shall allow minors to be on
the premises at any time, except the same be in the course of his or her
employment unless the holder of the permit, within the past thirty (30) days has
delivered to the city administrator a certification, with such documentation as
the city administrator may require, that demonstrates that the sale of food and
beverages excluding beer sales, in the holder's place of business constitutes more
than fifty (50%) percent of gross sales. This certification will be reviewed by the
city administrator after the third (3rd) month and after the sixth (6th) month
from the date of the certification to determine if the permit holder is in
compliance with the gross sales provision.
"Gross sales" shall be defined as total sales of prepared food and
beverages, excluding beer sales, at the holder's place of business. (1979 Code,
§ 2-224, as amended by Ord. #2002-1, Jan. 2002)
8-225. Privilege tax. There is hereby imposed on the business of
selling, distributing, storing or manufacturing beer a privilege tax of one
hundred dollars ($100.00). Any person, firm, corporation, joint stock company,
syndicate or association engaged in the sale, distribution, storage or
manufacture of beer shall remit the tax on January 1, 1994, and each successive
January 1, to the City of Fayetteville, Tennessee. At the time a new permit is
issued to any business subject to this tax, the permit holder shall be required to
pay the privilege tax on a prorated basis for each month or portion thereof
remaining until the next tax payment date. (1979 Code, § 2-225)
8-16
CHAPTER 3
ALCOHOLIC BEVERAGE PRIVILEGE TAX
SECTION
8-301. Levied on retail sale of alcoholic beverages for consumption on the
premises.
8-302. City administrator's responsibility.
8-301. Levied on retail sale of alcoholic beverages for
consumption on premises. (1) Pursuant to the authority contained in
Tennessee Code Annotated, section 57-4-301, there is hereby levied a privilege
tax upon each and every person, firm, and corporation engaging in the business
of selling at retail in the City of Fayetteville alcoholic beverages for consumption
on the premises where sold. For the exercise of such privilege, the following
taxes are levied for the City of Fayetteville general fund purposes to be paid
annually:
Private club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150
Hotel and motel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
Convention center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Premiere-type tourist resort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 750
Restaurant, according to seating capacity, on licensed premises:
75-125 seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
126-175 seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
176-225 seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
226-275 seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
276 seats and over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
If a restaurant is licensed by the Alcoholic Beverage Commission to sell
wine only under T.C.A. § 57-4-101(n), the privilege tax imposed shall be one-fifth
(1/5) the amount specified above.
Historic performing arts center . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Urban park center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commercial passenger boat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Historic mansion house site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Historic interpretive center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community theatre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Zoological institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Museum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Establishment in a terminal building of a commercial
air carrier airport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commercial airline travel club . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public aquarium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
150
250
375
150
150
150
150
150
500
250
150
8-17
(2)
Every person, firm, and corporation engaging in the business of
selling at retail in the City of Fayetteville alcoholic beverages for consumption
on the premises where sold shall, before commencing business, pay the privilege
tax to the city and receive a license to be displayed at all times at the business
location.
(3)
No tax authorized or imposed by this section shall be levied or
assessed from any charitable, nonprofit or political organization selling alcoholic
beverages at retail pursuant to a special occasion license. (as added by Ord.
#96-21, § 1, Dec. 1996)
8-302. City administrator's responsibility.
It shall be the
responsibility of the city administrator to insure that the city receives its share
of the fifteen percent (15%) tax levied on the gross sales of alcoholic beverages
sold at retail for consumption on premises and collected by the commissioner of
the Alcoholic Beverage Commission under Tennessee Code Annotated, section
57-4-301(c), and distributed to the state and its political subdivisions under
Tennessee Code Annotated, section 57-4-306. (as added by Ord. #96-21, § 2,
Dec. 1996)
9-1
TITLE 9
BUSINESS, PEDDLERS, SOLICITORS, ETC.1
CHAPTER
1. MISCELLANEOUS.
2. PEDDLERS, ETC.
3. CHARITABLE SOLICITORS.
4. TAXICABS.
5. POOL ROOMS.
6. DRUGS.
7. PINBALL MACHINES.
8. RETAIL COAL DEALERS AND DISTRIBUTORS.
9. MASSAGE PARLORS.
10. ADULT BOOK STORES AND MOTION PICTURE THEATERS.
11. PORTABLE STANDS.
12. CABLE TELEVISION.
CHAPTER 1
MISCELLANEOUS
SECTION
9-101. "Going out of business" sales.
9-101. "Going out of business" sales. It shall be unlawful for any
person falsely to represent a sale as being a "going out of business" sale. A
"going out of business" sale, for the purposes of this section, shall be a "fire sale,"
"bankrupt sale," "loss of lease sale," or any other sale made in anticipation of the
termination of a business at its present location. When any person, after
advertising a "going out of business" sale, adds to his stock or fails to go out of
business within ninety (90) days he shall prima facie be deemed to have violated
this section. (1979 Code, § 5-101)
1
Building, plumbing, wiring and housing regulations: title 12.
Liquor and beer regulations: title 8.
Noise reductions: title 11.
Zoning: title 14.
9-2
CHAPTER 2
PEDDLERS, ETC.1
SECTION
9-201. Permit required.
9-202. Exemptions.
9-203. Application for permit.
9-204. Issuance or refusal of permit.
9-205. Appeal.
9-206. Bond.
9-207. Loud noises and speaking devices.
9-208. Use of streets.
9-209. Exhibition of permit.
9-210. Policemen to enforce.
9-211. Revocation or suspension of permit.
9-212. Reapplication.
9-213. Expiration and renewal of permit.
9-201. Permit required. It shall be unlawful for any peddler,
canvasser, solicitor, or transient merchant to ply his trade within the corporate
limits without first obtaining a permit in compliance with the provisions of this
chapter. No permit shall be used at any time by any person other than the one
to whom it is issued. (1979 Code, § 5-201)
9-202. Exemptions. The terms of this chapter shall not be applicable
to persons selling at wholesale to dealers, nor to newsboys, nor to bona fide
merchants who merely deliver goods in the regular course of business, nor to
bona fide charitable, religious, patriotic or philanthropic organizations. (1979
Code, § 5-202)
9-203. Application for permit. Applicants for a permit under this
chapter must file with the city clerk a sworn written application containing the
following:
(1)
Name and physical description of applicant.
(2)
Complete permanent home address and local address of the
applicant and, in the case of transient merchants, the local address from which
proposed sales will be made.
(3)
A brief description of the nature of the business and the goods to
be sold.
1
Privilege taxes: title 5.
9-3
(4)
If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship.
(5)
The length of time for which the right to do business is desired.
(6)
A recent clear photograph approximately two (2) inches square
showing the head and shoulders of the applicant.
(7)
The names of at least two (2) reputable local property owners who
will certify as to the applicant's good moral reputation and business
responsibility, or in lieu of the names of references, such other available
evidence as will enable an investigator to properly evaluate the applicant's
moral reputation and business responsibility.
(8)
A statement as to whether or not the applicant has been convicted
of any crime or misdemeanor or for violating any municipal ordinance; the
nature of the offense; and, the punishment or penalty assessed therefor.
(9)
The last three (3) cities or towns, if that many, where applicant
carried on business immediately preceding the date of application and, in the
case of transient merchants, the addresses from which such business was
conducted in those municipalities.
(10) At the time of filing the application, a fee of five dollars ($5.00)
shall be paid to the municipality to cover the cost of investigating the facts
stated therein. (1979 Code, § 5-203)
9-204. Issuance or refusal of permit. (1) Each application shall be
referred to the chief of police for investigation. The chief shall report his
findings to the city clerk within seventy-two (72) hours.
(2)
If as a result of such investigation the chief reports the applicant's
moral reputation and/or business responsibility to be unsatisfactory the city
clerk shall notify the applicant that his application is disapproved and that no
permit will be issued.
(3)
If, on the other hand, the chief's report indicates that the moral
reputation and business responsibility of the applicant are satisfactory the city
clerk shall issue a permit upon the payment of all applicable privilege taxes and
the filing of the bond required by § 9-206. The city clerk shall keep a permanent
record of all permits issued. (1979 Code, § 5-204)
9-205. Appeal. Any person aggrieved by the action of the chief of police
and/or the city clerk in the denial of a permit shall have the right to appeal to
the governing body. Such appeal shall be taken by filing with the city clerk
within fourteen (14) days after notice of the action complained of, a written
statement setting forth fully the grounds for the appeal. The mayor shall set a
time and place for a hearing on such appeal and notice of the time and place of
such hearing shall be given to the appellant. The notice shall be in writing and
shall be mailed, postage prepaid, to the applicant at his last known address at
least five (5) days prior to the date set for hearing, or shall be delivered by a
9-4
police officer in the same manner as a summons at least three (3) days prior to
the date set for hearing. (1979 Code, § 5-205)
9-206. Bond. Every permittee shall file with the city clerk a surety bond
running to the municipality in the amount of one thousand dollars ($1,000.00).
The bond shall be conditioned that the permittee shall comply fully with all the
provisions of the ordinances of this municipality and the statutes of the state
regulating peddlers, canvassers, solicitors, transient merchants, itinerant
merchants, or itinerant vendors, as the case may be, and shall guarantee to any
citizen of the municipality that all money paid as a down payment will be
accounted for and applied according to the representations of the permittee, and
further guaranteeing to any citizen of the municipality doing business with said
permittee that the property purchased will be delivered according to the
representations of the permittee. Action on such bond may be brought by any
person aggrieved and for whose benefit, among others, the bond is given, but the
surety may, by paying, pursuant to order of the court, the face amount of the
bond to the clerk of the court in which the suit is commenced, be relieved
without costs of all further liability. (1979 Code, § 5-206)
9-207. Loud noises and speaking devices. No permittee, nor any
person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any
sound amplifying device upon any of the sidewalks, streets, alleys, parks or
other public places of the municipality or upon private premises where sound of
sufficient volume is emitted or produced therefrom to be capable of being plainly
heard upon the adjacent sidewalks, streets, alleys, parks, or other public places,
for the purpose of attracting attention to any goods, wares or merchandise which
such permittee proposes to sell. (1979 Code, § 5-207)
9-208. Use of streets. No permittee shall have any exclusive right to
any location in the public streets, nor shall any be permitted a stationary
location thereon, nor shall any be permitted to operate in a congested area
where the operation might impede or inconvenience the public use of the streets.
For the purpose of this chapter, the judgment of a police officer, exercised in
good faith, shall be deemed conclusive as to whether the area is congested and
the public impeded or inconvenienced. (1979 Code, § 5-208)
9-209. Exhibition of permit. Permittees are required to exhibit their
permits at the request of any policeman or citizen. (1979 Code, § 5-209)
9-210. Policemen to enforce. It shall be the duty of all policemen to
see that the provisions of this chapter are enforced. (1979 Code, § 5-210)
9-5
9-211. Revocation or suspension of permit. (1) Permits issued under
the provisions of this chapter may be revoked by the governing body after notice
and hearing, for any of the following causes:
(a)
Fraud, misrepresentation, or incorrect statement contained
in the application for permit, or made in the course of carrying on the
business of solicitor, canvasser, peddler, transient merchant, itinerant
merchant, or itinerant vendor.
(b)
Any violation of this chapter.
(c)
Conviction of any crime or misdemeanor.
(d)
Conducting the business of peddler, canvasser, solicitor,
transient merchant, itinerant merchant, or itinerant vendor, as the case
may be, in an unlawful manner or in such a manner as to constitute a
breach of the peace or to constitute a menace to the health, safety, or
general welfare of the public.
(2)
Notice of the hearing for revocation of a permit shall be given by
the city clerk, in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed to the permittee at
his last known address at least five (5) days prior to the date set for hearing, or
it shall be delivered by a police officer in the same manner as a summons at
least three (3) days prior to the date set for hearing.
(3)
When reasonably necessary in the public interest the mayor may
suspend a permit pending the revocation hearing. (1979 Code, § 5-211)
9-212. Reapplication. No permittee whose permit has been revoked
shall make further application until a period of at least six (6) months has
elapsed since the last revocation. (1979 Code, § 5-212)
9-213. Expiration and renewal of permit. Permits issued under the
provisions of this chapter shall expire on the same date that the permittee's
privilege license expires and shall be renewed without cost if the permittee
applies for and obtains a new privilege license within thirty (30) days thereafter.
Permits issued to permittees who are not subject to a privilege tax shall be
issued for one (1) year. An application for a renewal shall be made substantially
in the same form as an original application. However, only so much of the
application shall be completed as is necessary to reflect conditions which have
changed since the last application was filed. (1979 Code, § 5-213)
9-6
CHAPTER 3
CHARITABLE SOLICITORS
SECTION
9-302. Prerequisites for a permit.
9-303. Denial of a permit.
9-304. Exhibition of permit.
9-301. Permit required. No person shall solicit contributions or
anything else of value for any real or alleged charitable or religious purpose
without a permit from the city clerk authorizing such solicitation. Provided,
however, that this section shall not apply to any locally established organization
or church operated exclusively for charitable or religious purposes if the
solicitations are conducted exclusively among the members thereof, voluntarily
and without remuneration for making such solicitations, or if the solicitations
are in the form of collections or contributions at the regular assemblies of any
such established organization or church. (1979 Code, § 5-301)
9-302. Prerequisites for a permit. The city clerk shall issue a permit
authorizing charitable or religious solicitations when, after a reasonable
investigation, he finds the following facts to exist:
(1)
The applicant has a good character and reputation for honesty and
integrity, or if the applicant is not an individual person, that every member,
managing officer or agent of the applicant has a good character or reputation for
honesty and integrity.
(2)
The control and supervision of the solicitation will be under
responsible and reliable persons.
(3)
The applicant has not engaged in any fraudulent transaction or
enterprise.
(4)
The solicitation will not be a fraud on the public but will be for a
bona fide charitable or religious purpose.
(5)
The solicitation is prompted solely by a desire to finance the
charitable cause described by the applicant. (1979 Code, § 5-302)
9-303. Denial of a permit. Any applicant for a permit to make
charitable or religious solicitations may appeal to the governing body if he has
not been granted a permit within fifteen (15) days after he makes application
therefor. (1979 Code, § 5-303)
9-304. Exhibition of permit. Any solicitor required by this chapter to
have a permit shall exhibit such permit at the request of any policeman or
person solicited. (1979 Code, § 5-304)
9-7
CHAPTER 4
TAXICABS1
SECTION
9-401. Taxicab permit and privilege license required.
9-402. Requirements as to application and hearing.
9-403. Liability insurance required.
9-404. Revocation or suspension of franchise.
9-405. Mechanical condition of vehicles.
9-406. Cleanliness of vehicles.
9-407. Inspection of vehicles.
9-408. License and permit required for drivers.
9-409. Qualifications for driver's permit.
9-410. Revocation or suspension of driver's permit.
9-411. Drivers not to solicit business.
9-412. Parking restricted.
9-413. Drivers to use direct routes.
9-414. Taxicabs not to be used for illegal purposes.
9-415. Miscellaneous prohibited conduct by drivers.
9-416. Transportation of more than one passenger at the same time.
9-417. Taximeters and rate schedules required.
9-418. Taxicab to be marked.
9-401. Taxicab permit and privilege license required. It shall be
unlawful for any person to engage in the "taxicab business" unless he has first
obtained a taxicab permit from the municipality and has a currently effective
privilege license. "Taxicab business" shall, for the purpose of this chapter, mean
the carrying of passengers for hire on city streets in motor vehicles other than
busses operating over fixed routes. (1979 Code, § 5-401)
9-402. Requirements as to application and hearing. No person
shall be eligible to apply for a taxicab franchise if he has a bad character or has
been convicted of a felony within the last ten (10) years. Applications for taxicab
franchises shall be made under oath and in writing to the chief of police. The
application shall state the name and address of the applicant, the name and
address of the proposed place of business, the number of cabs the applicant
desires to operate, the makes and models of said cabs, and such other pertinent
information as the chief of police may require. The application shall be
accompanied by at least two (2) affidavits of reputable local citizens attesting to
1
9-8
the good character and reputation of the applicant. Within ten (10) days after
receipt of an application the chief of police shall make a thorough investigation
of the applicant; determine if there is a public need for additional taxicab
service; present the application to the board of mayor and aldermen; and make
a recommendation to either grant or refuse a franchise to the applicant. The
board of mayor and aldermen shall thereupon hold a public hearing at which
time witnesses for and against the granting of the franchise shall be heard. In
deciding whether or not to grant the franchise the governing body shall consider
the public need for additional service, the increased traffic congestion, parking
space requirements, and whether or not the safe use of the streets by the public,
both vehicular and pedestrian, will be preserved by the granting of such an
additional franchise. Those persons already operating taxicabs when these
provisions are adopted shall be a permit upon application.
Each application shall be accompanied by a fee of fifty dollars ($50.00) to
cover administrative expenses and each application shall be acted upon by the
board of mayor and aldermen within a reasonable time. (1979 Code, § 5-402)
9-403. Liability insurance required. No taxicab permit shall be
issued or continued in operation unless there is in full force and effect a liability
insurance policy for each vehicle authorized in the amount of one hundred
thousand dollars ($100,000.00) for bodily injury or death to any one (1) person,
three hundred thousand dollars ($300,000.00) for bodily injuries or death to
more than one (1) person which are sustained in the same accident, and one
hundred thousand dollars ($100,000.00) for property damage resulting from any
one (1) accident. The insurance policy required by this section shall contain a
provision that it shall not be cancelled except after at least five (5) days' written
notice is given by the insuror to both the insured and the city clerk. The
insurance policy shall be filed with the city clerk who shall issue a receipt
therefor. The receipt shall show the policy number, the name of the insurance
company, the name of the insured, and the make, color, style, and motor or
manufacturer's serial number of each vehicle covered by the policy. A copy of
such receipt shall be kept in each insured taxicab and shall be exhibited by the
driver to any police officer upon request and to any person or such person's
agent, who is injured or damaged by such vehicle. (1979 Code, § 5-403, as
replaced by Ord. #2009-6, Oct. 2009)
9-404. Revocation or suspension of franchise. The board of mayor
and aldermen, after a public hearing, may revoke or suspend any taxicab
franchise for misrepresentations or false statements made in the application
therefor or for traffic violations or violations of this chapter by the taxicab owner
or any driver. (1979 Code, § 5-404)
9-405. Mechanical condition of vehicles. It shall be unlawful for any
taxicab to operate in the municipality unless it is equipped with four (4) wheel
brakes, front and rear lights, safe tires, horn, muffler, windshield wipers, and
rear vision mirror, all of which shall conform to the requirements of state law.
Each taxicab shall be equipped with a handle or latch or other opening device
attached to each door of the passenger compartment so that such doors may be
operated by the passenger from the inside of the taxicab without the
intervention or assistance of the driver. The motor and all mechanical parts
shall be kept in such condition or repair as may be reasonably necessary to
9-9
provide for the safety of the public and the continuous satisfactory operation of
the taxicab. (1979 Code, § 5-405)
9-406. Cleanliness of vehicles. All taxicabs operated in the
municipality shall, at all times, be kept in a reasonably clean and sanitary
condition. They shall be thoroughly swept and dusted at least once each day.
At least once every week they shall be thoroughly washed and the interior
cleaned with a suitable antiseptic solution. (1979 Code, § 5-406)
9-407. Inspection of vehicles. Each taxicab shall be inspected by a
reputable local mechanic at least every thirty (30) days. If the mechanic finds
the vehicle to be properly serviced and mechanically safe he shall so certify in
writing to the chief of police.
Upon receipt of such certification the chief shall examine the vehicle. If
he finds that it is clean and otherwise meets the requirements of this chapter
he shall issue a sticker so certifying which shall be displayed conspicuously on
the windshield of the approved vehicle. It shall be unlawful for any vehicle to
be operated as a taxicab with a sticker more than thirty (30) days old.
To cover inspection costs a fee of two dollars ($2.00) shall be collected by
the chief of police for each sticker issued. (1979 Code, § 5-409)
9-408. License and permit required for drivers. No person shall
drive a taxicab unless he is in possession of a state special chauffeur's license
and a taxicab driver's permit issued by the chief of police, except that this
chapter shall not be applicable to any governmental entity or any non-profit
organization having a 501C(3) Internal Revenue Service exemption. (1979 Code,
§ 5-410)
9-409. Qualifications for driver's permit. No person shall be issued
a taxicab driver's permit unless he complies with the following to the
satisfaction of the chief of police:
(1)
Makes written application to the chief of police.
(2)
Is at least eighteen (18) years of age and holds a state special
chauffeur's license.
(3)
Undergoes an examination by a physician and is found to be of
sound physique, with good eyesight and hearing and not subject to epilepsy,
vertigo, heart trouble or any other infirmity of body or mind which might render
him unfit for the safe operation of a public vehicle.
(4)
Is clean in dress and person and is not addicted to the use of
intoxicating liquor or drugs.
(5)
Produces affidavits of good character from two (2) reputable
citizens of the municipality who have known him personally and have observed
his conduct for at least two (2) years next preceding the date of his application.
9-10
(6)
Has not been convicted of a felony, drunk driving, driving under the
influence of an intoxicant or drug, or of frequent minor traffic offenses.
(7)
Is familiar with the state and local traffic laws. (1979 Code,
§ 5-411)
9-410. Revocation or suspension of driver's permit. The governing
body, after a public hearing, may revoke or suspend any taxicab driver's permit
for traffic violations or violation of this chapter. (1979 Code, § 5-412)
9-411. Drivers not to solicit business. Taxicab drivers are expressly
prohibited from indiscriminately soliciting passengers or from cruising upon the
streets of the municipality for the purpose of obtaining patronage for their cabs.
(1979 Code, § 5-413)
9-412. Parking restricted. It shall be unlawful to park any taxicab on
any street except in such places as have been specifically designated and
marked by the municipality for its use. For each such space the applicant shall
pay five dollars ($5.00) per month.
Taxicabs may stop upon the streets for the purpose of picking up or
discharging passengers if such stops are made in such manner as not to
interfere unreasonably with or obstruct other traffic and provided the passenger
loading or discharging is promptly accomplished. (1979 Code, § 5-414)
9-413. Drivers to use direct routes. Taxicab drivers shall always
deliver their passengers to their destinations by the most direct available route.
(1979 Code, § 5-415)
9-414. Taxicabs not to be used for illegal purposes. No taxicab shall
be used for or in the commission of any illegal act, business, or purpose. (1979
Code, § 5-416)
9-415. Miscellaneous prohibited conduct by drivers. It shall be
unlawful for any taxicab driver, while on duty, to be under the influence of, or
to drink any intoxicating beverage or beer; to use profane or obscene language;
to shout or call to prospective passengers; to unnecessarily blow the automobile
horn; or to otherwise disturb the peace, quiet and tranquility of the municipality
in any way. (1979 Code, § 5-417)
9-416. Transportation of more than one passenger at the same
time. No person shall be admitted to a taxicab already occupied by a passenger
without the consent of such other passenger. (1979 Code, § 5-418)
9-417. Taximeters and rate schedules required. Each taxicab shall
have a fare computing taximeter mounted within easy view of passengers riding
9-11
in such vehicle. Rate schedules shall be filed with the city clerk and posted
conspicuously within each taxicab. (1979 Code, § 5-407)
9-418. Taxicabs to be marked. Each taxicab shall be so painted or
marked as to make it readily identifiable as a taxicab and shall be numbered
conspicuously. (1979 Code, § 5-408)
9-12
CHAPTER 5
POOL ROOMS1
SECTION
9-501. Hours of operation regulated.
9-502. Minors to be kept out; exception.
9-501. Hours of operation regulated. It shall be unlawful for any
person to open, maintain, conduct, or operate any place where pool tables or
billiard tables are kept for public use or hire at any time on Sunday or between
the hours of 12:00 midnight and 5:00 A.M. on other days. (1979 Code, § 5-501)
9-502. Minors to be kept out; exception. It shall be unlawful for any
person engaged regularly, or otherwise, in keeping billiard, bagatelle, or pool
rooms or tables, their employees, agents, servants, or other persons for them,
knowingly to permit any person under the age of eighteen (18) years to play on
said tables at any game of billiards, bagatelle, pool, or other games requiring the
use of cue and balls, without first having obtained the written consent of the
father and mother of such minor, if living; if the father is dead, then the mother,
guardian, or other person having legal control of such minor; or if the minor be
in attendance as a student at some literary institution, then the written consent
of the principal or person in charge of such school; provided that this section
shall not apply to the use of billiards, bagatelle, and pool tables in private
residences. (1979 Code, § 5-502)
1
9-13
CHAPTER 6
DRUGS
SECTION
9-601. Definitions.
9-602. Distribution regulated.
9-603. Possession regulated.
9-604. Exceptions.
9-601. Definitions. For the purposes of this chapter the following words
and phrases shall have the following meanings, unless the context otherwise
requires:
(1)
"Barbital" shall be held to mean and include the salts of barbituric
acid, also known as maloylurea, or any derivative or compounds or any
preparations or mixtures thereof possessing hypnotic properties or effects.
(2)
"Coca leaves" includes cocaine and any compound, manufacture,
salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca
leaves which do not contain cocaine, ecgonine, or substances from which cocaine
or ecgonine may be synthesized or made.
(3)
"Opium" includes morphine, codeine, and heroin, and any
compound, manufacture, salt, derivative, mixture, or preparation of opium, but
does not include apomorphine or any of its salts.
(4)
"Narcotic drugs" means coca leaves, opium, isonipecaine, amidone,
isoamidone, and keto-bemidone and every substance neither chemically or
physically distinguishable from them.
(5)
"Cannabis" includes all parts of the plant cannabis sativa L.,
whether growing or not; the seeds thereof; the resin extracted from any part of
such plant; and every compound, manufacture, salt, derivative, mixture or
preparation of such plant, its seeds, or resin; but shall not include the mature
stalks of such plants, fiber produced from such stalks, oil, or cake made from the
seeds of such plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of such mature stalks, (except the resin extracted therefrom)
fiber, oil, or cake, or the sterilized seed of such plant which is incapable of
germination.
(6)
"Isonipecaine" shall mean any substance identified chemically as
1-Nethyl-4 phenyl-piperidine-4-carboxylic acid ethyl ester, or any salt thereof,
by whatever trade name designated.
(7)
"Amidone" shall mean any substance identified chemically as
(4-4-Diphenyl-6-Dimethylamine-Heptanone-3), or any salt thereof, by whatever
trade name designated.
(8)
"Isoamidone" shall mean any substance identified chemically as
(4,4-Diphenyl-5-Nethyl-6-Dimethylaminohexanone-3-), or any salt thereof, by
whatever trade name designated.
9-14
(9)
"Keto-Bemidone" shall mean any substance identified chemically
as (4-(3-Hydroxyphenyl)-I-Methyl-4-piperidyl ethyl ketone hydrochloride) or any
salt thereof, by whatever trade name designated.
(10) "Legend drugs" means those drugs carrying the "caution label" or
"warning label," "caution: may be habit forming" or any drugs carrying the
prescription legend, "to be dispensed only on a physician's prescription," as
defined by the federal food and drug administration.
(11) "Registered pharmacist" means a person registered under the laws
of the State of Tennessee to practice pharmacy in this state.
(12) "Licensed physician" means a person authorized by the laws of the
State of Tennessee to practice medicine in this state.
(13) "Dentist" means a person authorized by the State of Tennessee to
practice dentistry in this state.
(14) "Veterinarian" means a person authorized by the laws of the State
of Tennessee to practice veterinary medicine in this state. (1979 Code, § 5-601)
9-602. Distribution regulated. It shall be unlawful for any person,
firm or corporation to possess, sell, barter or give away any drug known as
barbital, coca leaves, opium, narcotic drugs, cannabis, isonipecaine, amidone,
isoamidone, keto-bemidone and legend drugs, as defined in § 9-601 hereof,
except upon the written prescription of a duly licensed physician, dentist or
veterinarian, and compounded or dispensed by a duly registered pharmacist.
(1979 Code, § 5-602)
9-603. Possession regulated. It shall be unlawful for any person to
have in his possession any drug defined or enumerated in § 9-601 hereof without
the same having been prescribed by a duly licensed physician, dentist, or a
veterinarian, and having been dispensed by a duly registered pharmacist.
Provided, however, that this section shall not apply to authorized agents and
representatives of pharmaceutical manufacturers, firms, or wholesalers. (1979
Code, § 5-603)
9-604. Exceptions. There are exempted from the provisions of this
chapter the sale of barbitals, coca leaves, opium, narcotic drugs, cannabis,
isonipecaine, amidone, isoamidone, keto-bemidone, and legend drugs by
legitimate wholesale druggists to registered pharmacists and the sale by
registered pharmacists to duly licensed physicians, dentists, and veterinarians.
(1979 Code, § 5-604)
9-15
CHAPTER 7
PINBALL MACHINES
SECTION
9-701. Operation by minors prohibited.
9-702. Responsibility for determining age of players.
9-701. Operation by minors prohibited. No owner, operator,
manager or person in charge of any restaurant, cafe, filling station, beer tavern,
hotel, motel, drug store, or any other store, establishment, place of business, or
otherwise, or any employee therein, shall allow any person under the age of
eighteen (18) years to play or operate on such premises any pinball machine or
any game of miniature football, golf, baseball, or any other miniature game
where there is a payoff to the player or operator of any kind whatsoever,
whether made playable by a mechanical device or otherwise, or whether the
charge for playing is collected by mechanical device or otherwise. (1979 Code,
§ 5-701, as amended by Ord. #2001-11, Aug. 2001)
9-702. Responsibility for determining age of players. It shall be the
duty of such owner, operator, manager, person in charge, or employee to
ascertain or determine the age of any such player, and ignorance of the age or
mis-information relative thereto shall not excuse any such owner, operator,
manager, person in charge or employee. (1979 Code, § 5-702)
9-16
CHAPTER 8
RETAIL COAL DEALERS AND DISTRIBUTORS1
SECTION
9-801. License required.
9-802. Definitions.
9-803. Prerequisites for a license.
9-804. Use of approved scales required.
9-805. Weight tickets required.
9-806. Weight limit on loads.
9-801. License required. It shall be unlawful for any person to engage
in the retail business of selling or distributing coal within the corporate limits
of the City of Fayetteville, Tennessee, without first having procured a license as
hereinafter provided. (1979 Code, § 5-801)
9-802. Definitions. Any person selling or offering to sell coal in any
quantity direct to the consumer, within the corporate limits of the City of
Fayetteville, Tennessee, shall be deemed and considered to be either a retail coal
dealer or a retail coal distributor, except where the coal is sold to licensed coal
dealers or in car load lots to industries, institutions, corporations, firms,
associations, or individuals which themselves consume the coal.
Any person purchasing coal in car load lots and reselling such coal to
employees, relatives, or other persons shall be deemed and considered to be a
retail coal distributor within the meaning of this chapter. (1979 Code, § 5-802)
9-803. Prerequisites for a license. No license shall be granted to any
person to act as a retail coal dealer unless such person has paid all state and
local privilege taxes, is regularly engaged in the retail coal business, and
maintains such apparatus and equipment, including wagon or truck scales of
sufficient size and capacity to accurately weigh the maximum gross load for
which they are used, and such premises and/or plant and/or office facilities, and
stock of coal as will reasonably enable such person to supply the general
requirements and needs of community consumers. (1979 Code, § 5-803)
9-804. Use of approved scales required. Any person licensed as a
retail coal distributor shall, as soon as practicable after entry into the City of
Fayetteville, have his coal weighed upon scales which have been tested and
approved by the State Department of Weights and Measures or by a similar
1
Privilege tax provisions, etc.: title 5.
9-17
department of the City of Fayetteville, when and/or if created. (1979 Code,
§ 5-804)
9-805. Weight tickets required. Every licensee operating under this
chapter and delivering coal in wagon load or truck load lots or any other vehicle
hauled lots, shall correctly weigh said coal and shall furnish to the driver or
person in charge of each load or proposed delivery a ticket in duplicate showing
the net weight, and also giving the name of the purchaser of said coal, the name
of the coal by trade name or seam, and the name of the dealer and/or distributor.
The driver or person in charge of each load or delivery shall on the delivery of
said coal deliver one of said tickets or a correct copy thereof to the purchaser.
(1979 Code, § 5-805)
9-806. Weight limit on loads. No truck or other vehicle used or
purposed to be used by any person affected by or coming within the purview of
this chapter shall haul more than one and one-half times the factory rating or
capacity of such truck or other vehicle. (1979 Code, § 5-806)
9-18
CHAPTER 9
MASSAGE PARLORS
SECTION
9-901. Definitions.
9-902. Permits required for massage parlors and massagers.
9-903. Application for massage parlor permit; fee; investigation of applicant;
hearing on application; issuance or refusal of permit.
9-904. Application for massager's permit; fee; physical examinations;
investigation of applicant; hearing on application; issuance or
refusal of permit.
9-905. Authority of chief of police to enter massage parlors.
9-906. Authority of chief of police to suspend massage parlor permits.
9-907. Authority of board to revoke permits.
9-908. Register of patrons to be kept.
9-909. Minimum standards for massage parlors.
9-910. Precautions against spreading contagious diseases.
9-911. Permits to be displayed and not to be altered.
9-912. Prohibited conduct.
9-913. Expiration and renewal of permits.
9-914. Permits not transferable.
9-901. Definitions. As used in this chapter, unless the context
otherwise requires:
(1)
"Massage" means the administration by any person of any method
of exerting or applying pressure, friction, moisture, heat, or cold to the human
body and/or the rubbing, stroking, kneading, pounding, tapping, or otherwise
manipulating a part or the whole of the human body or the muscles or joints
thereof, by any physical or mechanical means, for any form of consideration.
(2)
"Massage parlor" means any establishment having a fixed place of
business where the administering of massages is the principal or main business
purpose or activity that is conducted on the premises. This definition shall not
be construed to include a hospital, nursing home, medical clinic, or the office of
a duly licensed physician, surgeon, physical therapist, chiropractor or osteopath.
(3)
"Massager" means any person who administers a massage to
another person at a massage parlor.
(4)
"Permittee" means the individual, partnership, association, joint
stock company, corporation, or combination of individuals of whatever form or
character, which is the legal holder of a massage parlor permit as provided by
this chapter.
(5)
"Employee" means any and all persons, other than massagers, who
render any service to patrons of massage parlors. (1979 Code, § 5-901)
9-19
9-902. Permits required for massage parlors and massagers. It
shall be unlawful for any person to establish, maintain, or operate a massage
parlor in the city without a valid permit issued pursuant to this chapter. It
shall likewise be unlawful for any person to perform the services of a massager
at a massage parlor in the city without a valid permit issued pursuant to this
chapter. (1979 Code, § 5-902)
9-903. Application for massage parlor permit; fee; investigation
of applicant; hearing on application; issuance or refusal of permit.
(1)
Any person desiring a massage parlor permit to establish,
maintain, or operate a massage parlor in the city shall make application to the
chief of police on an application form provided by the City of Fayetteville, which
application form shall contain the name and address of the place where the
applicant proposes to operate, maintain, or establish a massage parlor in the
city. Each massage parlor permit application shall be accompanied by an
investigation fee of fifty dollars ($50.00).
The application shall state thereon that: "It is unlawful for any person
to make a false statement on this application. The making of a false statement
shall constitute grounds for denial of an application or revocation of a permit."
The application shall include a business, occupation, or employment
history of the applicant for the five (5) years immediately preceding the date of
the application. It shall also include a detailed statement of any and all
convictions, pleas of nolo contendere, or forfeitures suffered by the applicant (if
the applicant is a partnership or association, any partner or member thereof; or
if the applicant is a corporation, any officer, director, or manager thereof, or any
shareholder thereof) on any charge of prostitution, assignation, pandering,
obscenity, lewdness, crimes against nature, or any provision of this chapter, or
any provision of a similar law or ordinance in any other jurisdiction.
The chief of police shall arrange to have the fingerprints of each applicant
taken, which fingerprints shall constitute a part of the application. There shall
be filed with the application at least two portrait photographs of the applicant
taken within sixty (60) days immediately prior to the date of application. Such
photographs shall not be less than two (2) inches by two (2) inches and shall
show the head and shoulders of the applicant in a clear and distinguishable
manner.
(2)
Upon receipt of the application and investigation fee, the chief of
police shall make or cause to be made an investigation of the applicant, which
shall include:
(a)
The criminal record of the applicant.
(b)
Communication with the employers, business associates, or
fellow employees of the applicant during the five (5) years preceding the
investigation.
(c)
Determination of whether the premises proposed to be
utilized by the applicant comply with the provisions of this chapter, and
9-20
all other zoning ordinances, and all other building, fire, plumbing, and
electrical codes.
(d)
Any and all other matters which the chief of police deems to
be material to a reasonable consideration of the applicant.
(3)
The chief of police shall file his investigative report, with all
supporting material and documentation, with the city attorney not later than
twenty-one (21) days following the date of application; however, the chief of
police may file an amended report at any time additional material information
concerning the applicant comes to his attention.
(4)
Upon receipt of the report of the chief of police, the city attorney
shall docket the application on the agenda of the next regular meeting of the
board of mayor and aldermen, at which time a hearing shall be conducted on the
application. The board, after a consideration of the application and investigative
report, after an open examination of the applicant, after opportunity has been
given for the introduction of additional information by any interested party, and
after a full and complete consideration of all relevant facts and circumstances,
shall authorize the issuance of a massage parlor permit at the premises
designated in the application within one week following the hearing, unless it
finds that the application is deficient, the application contains false information,
the applicant has not complied with all applicable laws and ordinances, the
applicant has been convicted, pleaded nolo contendere, or suffered a forfeiture
on a charge of prostitution, assignation, pandering, obscenity, lewdness, crime
against nature, or any provision of this chapter or any provision of a similar law
or ordinance in any other jurisdiction. Notice of the time and place of the
hearing before the board shall be posted in a conspicuous place upon the
premises specified in the application at least five (5) days prior thereto, and the
applicant shall maintain the said notice until after the hearing.
(5)
The board may not authorize the issuance of a permit to an
applicant whose proposed premises for the establishment, maintenance, or
operation of a massage parlor is within one thousand (1000) feet, measured from
property line to property line, of any church, school, hospital, funeral parlor,
library, museum, playground, or any other public or private building or premises
likely to be utilized by persons under the age of eighteen (18) years. (1979 Code,
§ 5-903)
9-904. Application for massager's permit; fee; physical
examinations; investigation of applicant; hearing on application;
issuance or refusal of permit. (1) Any person desiring a permit to act as a
massager in a massage parlor in the city shall make application to the chief of
police on an application form provided by the City of Fayetteville, which
application shall contain spaces for the applicant's name, address, telephone
number, all previous addresses within the year immediately preceding the date
of the application, date of birth, place of birth, height, weight, massage training,
9-21
and current employment. Each massager permit application shall be
accompanied by an investigation fee of twenty-five dollars ($25.00).
The application shall state thereon that: "It is unlawful for any person
to make a false statement on this application. The making of a false statement
shall constitute grounds for a denial of an application or revocation of a permit."
The application shall also include a detailed statement of any and all
convictions, pleas of nolo contendere, or forfeitures suffered by the applicant on
any charge of prostitution, assignation, pandering, obscenity, lewdness, crimes
against nature, or any provision of this chapter or any provision of a similar law
or ordinance in any other jurisdiction.
The chief of police shall arrange to have the fingerprints of each applicant
taken, which fingerprints shall constitute a part of the application. There shall
be filed with the application at least two portrait photographs of the applicant
taken within sixty (60) days immediately prior to the date of application. Such
photographs shall be not less than two (2) inches by two (2) inches and shall
show the head and shoulders of the applicant in a clear and distinguishable
manner.
(2)
All persons who desire to act as a massager at a massage parlor in
the City of Fayetteville shall attach to their applications a certification from a
physician licensed by the State of Tennessee that the applicant has submitted
to a physical examination for contagious and communicable diseases, and that
the applicant is either free from any contagious or communicable diseases or is
incapable of communicating any such diseases to others. The physical
examination shall include a recognized blood test for syphilis, a culture for
gonorrhea, and a chest X-ray which shall be made and interpreted by a trained
radiologist.
(3)
Upon receipt of the application and investigation fee, the chief of
police shall make or cause to be made an investigation of the application, which
shall include:
(a)
The criminal record of the applicant.
(b)
Communication with the employers, business associates, or
fellow employees of the applicant during the five (5) years preceding the
investigation.
(c)
Any and all other matters which the chief of police deems to
be material to a reasonable consideration of the applicant.
(4)
The chief of police shall file his investigative report, with all
supporting material and documentation, with the city attorney not later than
twenty-one (21) days following the date of application; however, the chief of
police may file an amended report at any time additional material information
concerning the applicant comes to his attention.
(5)
Upon receipt of the report of the chief of police, the city attorney
shall docket the application on the agenda of the next regular meeting of the
board of mayor and aldermen, at which time a hearing shall be conducted on the
application. The board, after a consideration of the application and investigative
9-22
report, after an open examination of the applicant, after opportunity has been
given for the introduction of additional information by any interested party, and
after a full and complete consideration of all relevant facts and circumstances,
shall authorize the issuance of a massager's permit within one week following
the hearing, unless it finds that the application is deficient, the application
contains false information, the applicant has not complied with all applicable
laws and ordinances, the applicant has been convicted, pleaded nolo contendere,
or suffered a forfeiture on a charge of prostitution, assignation, pandering,
obscenity, lewdness, crime against nature, or any provision of this chapter or
any provision of a similar law or ordinance in any other jurisdiction.
(6)
All massagers who possess valid permits for administering
massages in a massage parlor in the City of Fayetteville shall undergo a
physical examination, including the aforementioned tests for contagious and
communicable diseases, at least once every six (6) months following the issuance
of their massager permits. When the chief of police or his duly authorized
representative has cause to believe that the massager is capable of
communicating any contagious diseases to others, he may at any time require
an immediate physical examination of any such person. (1979 Code, § 5-904)
9-905. Authority of chief of police to enter massage parlors. To
enforce the provisions of this chapter, the chief of police or his duly authorized
representative is hereby authorized during business hours to enter, examine,
and survey any premises in the city for which a massage parlor permit has been
issued pursuant to this chapter. (1979 Code, § 5-905)
9-906. Authority of chief of police to suspend massage parlor
permits. If the chief of police finds that the massage parlor, for which the
massage parlor permit was issued, does not conform to this chapter or if the
permittee has refused the chief of police or his duly authorized representative
the right to enter the premises to enforce the provisions of this chapter, the chief
of police may temporarily suspend the massage parlor permit, pending a hearing
before the board of mayor and aldermen. A copy of the temporary suspension
which shall set forth the reason for said suspension shall be sent to the city
attorney for docketing on the next regular agenda of the board of mayor and
aldermen and sent to the permittee at his place of business by certified mail. No
person shall operate a massage parlor when subject to an order of suspension.
The board of mayor and aldermen may, after an open hearing, reinstate a
suspended massage parlor permit when no fact or condition exists which would
otherwise warrant the refusal to grant a massage parlor permit under the terms
of this chapter. (1979 Code, § 5-906)
9-907. Authority of board to revoke permits. Any massage parlor
permit or any massager permit granted under this chapter shall be revoked by
the board of mayor and aldermen, after notice and hearing, if the permittee or
9-23
massager has been convicted, pleaded nolo contendere, or suffered a forfeiture
on any charge of prostitution, assignation, pandering, obscenity, lewdness, crime
against nature, or any provision of this chapter, or any provision of a similar law
or ordinance in any other jurisdiction.
The notice required by this section shall be sent by certified mail to the
permittee or massager at his last known address at least five (5) days prior to
the date set for the hearing before the board of mayor and aldermen.
If any massager or other employee of any permittee violates any provision
of this chapter, it shall be presumed that such violation was with the knowledge
and consent of the permittee; if any permittee fails to overcome the said
presumption, the massage parlor permit issued to him shall be subject to
permanent revocation in the manner set out in this section. (1979 Code,
§ 5-907)
9-908. Register of patrons to be kept. Every permittee shall maintain
a daily register, showing the names and addresses of all patrons, along with the
name of the massagers assigned and the fee charged. The daily register shall
be kept in a permanent, well-bound book; it shall be kept on file for at least one
(1) year. (1979 Code, § 5-908)
9-909. Minimum standards for massage parlors. No massage parlor
shall be operated, established or maintained in the city that does not comply
with the following minimum standards:
(1)
The premises shall have adequate equipment for disinfecting and
sterilizing nondisposable instruments and materials used in administering
massages. Such nondisposable instruments and materials shall be disinfected
after use on each patron.
(2)
Closed cabinets shall be provided and used for the storage of clean
linen, towels, and other materials used in connection with administering
massages. All soiled linens, towels, and other materials shall be kept in
properly covered containers or cabinets, which containers or cabinets shall be
kept separate from the clean storage areas.
(3)
Clean linen and towels shall be provided for each massage patron.
No common use of towels or linens shall be permitted.
(4)
All massage tables, bathtubs, shower stalls, steam or bath areas,
and floors shall have surfaces which may be readily disinfected.
(5)
Oils, creams, lotions, or other preparations used in administering
massages shall be kept in clean, closed containers or cabinets.
(6)
Adequate bathing, dressing, locker, and toilet facilities shall be
provided for the patrons to be served at any given time. Separate bathing,
dressing, locker, toilet, and massage room facilities shall be provided for male
and female patrons.
(7)
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms,
and all other physical facilities shall be in good repair and maintained in a clean
9-24
and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam
or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly
cleaned each day the business is in operation. Bathtubs and showers shall be
thoroughly cleaned after each use. When carpeting is used on the floors, it shall
be kept dry.
(8)
The premises shall be equipped with a service sink for custodial
services.
(9)
Eating in the massage work areas shall not be permitted.
(10) Animals, except for seeing-eye dogs, shall not be permitted in the
massage work areas. (1979 Code, § 5-909)
9-910. Precautions against spreading contagious diseases. No
massager shall administer a massage at a massage parlor if the massager
knows or should know that he or she is not free of any contagious or
communicable disease; nor shall a massager administer a massage at a massage
parlor to any patron exhibiting any skin fungus, skin infection, skin
inflammation, or skin eruption, unless the patron presents a statement from a
physician licensed by the State of Tennessee certifying that the patron may be
safely massaged and prescribing the conditions therefor. All massagers shall
wash his or her hands in hot running water, using a proper soap or disinfectant,
before and after the administration of each massage. (1979 Code, § 5-910)
9-911. Permits to be displayed and not to be altered. Every
permittee to whom a massage parlor permit shall have been granted shall
display said massage parlor permit in a conspicuous place in the massage parlor
or establishment so that it may be readily seen by persons entering the
premises.
Every person to whom a massager permit shall have been granted shall,
while in a massage parlor, openly display the said permit by pinning or clasping
it to his or her outer garments so that it may be readily seen by patrons and
other interested persons.
No permit shall be altered or defaced in any manner by any permittee or
massager. (1979 Code, § 5-911)
9-912. Prohibited conduct. (1) It shall be unlawful for any person in
a massage parlor to place his or her hand or hands upon or to touch with any
part of his or her body, or to fondle in any manner, or to massage, a sexual or
genital part of any other person. Sexual or genital parts shall include the
genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or
breast of a female.
(2)
It shall be unlawful for any person in a massage parlor to expose
his or her sexual or genital parts, or any portion thereof, to any other person.
It shall also be unlawful for any person in the massage parlor to expose the
sexual or genital parts, or any portion thereof, of any other person.
9-25
(3)
It shall be unlawful for any person while in the presence of any
other person in a massage parlor to fail to conceal with a fully opaque covering
the sexual or genital parts of his or her body.
(4)
It shall be unlawful for any person owning, operating, or managing
a massage parlor knowingly to cause, allow, or permit in or about such massage
parlor, any agent, employee, or any other person under his control or
supervision to perform such acts prohibited in this chapter.
(5)
Massagers issued a permit under this chapter may not administer
massages at any place other than at a massage parlor which has also been
issued a permit hereunder.
(6)
Every person owning, operating or managing a massage parlor
shall post a copy of this chapter in a conspicuous place in the massage parlor so
that it may be readily seen by persons entering the premises.
(7)
It shall be unlawful for any massage parlor to remain open or
provide services at any time between the hours of 10:00 P.M. and 10:00 A.M. or
at any time on Sundays.
(8)
The administering of massages shall not be conducted in private
rooms or areas but shall be conducted in separate general areas for males and
females. (1979 Code, § 5-912)
9-913. Expiration and renewal of permits. Each massage parlor
permit shall expire one (1) year from the date of issue. Each massager shall
permit shall also expire one (1) year from the date of issue. The application for
renewal of either a massage parlor permit or a massager permit shall be
accompanied by an investigative fee of ten dollars ($10.00). (1979 Code, § 5-913)
9-914. Permits not transferrable. No permit issued hereunder shall
be transferrable. (1979 Code, § 5-914)
9-26
CHAPTER 10
ADULT BOOK STORES AND MOTION PICTURE THEATERS
SECTION
9-1001. Definitions.
9-1002. Location near other such businesses, churches, etc., prohibited.
9-1003. Location near residence zones prohibited without a waiver.
9-1001. Definitions. As used in this chapter, unless the context
otherwise requires:
(1)
"Adult book store" means an establishment having as a substantial
or significant portion of its stock in trade, books, magazines, and other
periodicals which are distinguished or characterized by their emphasis on
matter depicting, describing, or relating to "specified sexual activities" or
"specified anatomical areas" (as described below) or an establishment with a
segment or section devoted to the sale or display of such material.
(2)
"Adult motion picture theater" is an enclosure or enclosed building
used for presenting material distinguished or characterized by an emphasis on
matter depicting, describing, or relating to "specified sexual activities" or
"specified anatomical areas" (as defined below) for observation by patrons
therein.
(3)
For the purpose of this chapter, "specified sexual activities" is
defined as:
(a)
Human genitals in a state of sexual stimulation or arousal.
(b)
Acts of human masturbation, sexual intercourse, or sodomy.
(c)
Fondling or other erotic touching of human genitals, pubic
region, buttock, or female breast.
(4)
For the purpose of this chapter, "specified anatomical areas" is
defined as:
(a)
Less than completely and opaquely covered:
(i)
Human genitals, pubic region,
(ii)
Buttock, and
(iii) Female breast below a point immediately above the
top of the areola; and
(b)
Human male genitals in a discernibly turgid state, even if
completely and opaquely covered. (1979 Code, § 5-1001)
9-1002. Location near other such businesses, churches, etc.,
prohibited. It shall be unlawful to establish, maintain, or operate an adult
book store or adult motion picture theater when the same shall be located:
(1)
Within 1,000 feet of another adult book store or adult motion
picture theater, measured by the most direct method from building to building
or, in the case of an enclosure, from enclosure to enclosure.
9-27
(2)
Within 1,000 feet of any church, school, hospital, library, museum
or public playground, measured by the most direct method from building or
enclosure to building or enclosure or, in the case of a playground, from the
building or enclosure to the edge of the lot line of the playground. (1979 Code,
§ 5-1002)
9-1003. Location near residence zones prohibited without a
waiver. It shall be unlawful to establish, maintain, or operate an adult movie
theater or an adult book store in the City of Fayetteville within 500 feet of any
area zoned for residential uses unless a waiver has been obtained from the
board of mayor and aldermen upon the following conditions:
(1)
A petition has been presented to the board of mayor and aldermen
signed by fifty-one percent (51%) of those persons owning, residing, or doing
business within 500 feet of the proposed location and the board of mayor and
aldermen after a public hearing duly called has made an affirmative finding of
the following conditions:
(a)
That the establishment, maintenance, location, and
operation of the adult book store or adult motion picture theater use will
not be detrimental to or endanger the public health, safety, morals,
comfort, or general welfare; and
(b)
That the adult book store or adult motion picture theater use
will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes permitted, nor substantially diminish
or impair property values within the neighborhood; and
(c)
That the establishment of the adult book store or adult
motion picture theater use will not impede the normal and orderly
development and improvement of surrounding property for uses
permitted in that district; and
(d)
That adequate utilities, access roads, drainage, and other
necessary facilities have been or will be provided; and
(e)
That adequate measures have been or will be taken to
provide ingress and egress designed so as to minimize traffic congestion
in the public streets; and
(f)
That the adult book store or adult motion picture theater use
will, in all other respects, conform to the applicable regulations and/or
ordinances of the district in which it is located, including, but not limited
to, zoning, building, and fire.
(2)
Said petition above mentioned shall be accompanied by an affidavit
stating that the one circulating the petition personally witnessed the signatures
on the petition and that the same were affixed to the petition by the persons
whose names appear thereon. (1979 Code, § 5-1003)
9-28
CHAPTER 11
PORTABLE STANDS
SECTION
9-1102. Set back lines.
9-1103. Permits.
9-1104. Signs.
9-1105. Merchandise.
9-1106. Existing portable stands.
9-1107. Violations.
9-1101. Definitions. (1) "Portable stands" means a vehicle, truck,
trailer or a temporary stand or building which has no permanent foundation and
from which merchandise is displayed, sold or given away.
(2)
"Building official" shall mean the building official of the City of
Fayetteville.
(3)
"Zoning ordinance" shall mean the zoning ordinance in effect in the
City of Fayetteville. (1979 Code, § 5-1101)
9-1102. Set back lines. All portable stands shall be set back from the
property lines no less than five (5) feet but in no event shall the stand constitute
an obstruction to vision at street intersections as set out in the zoning
ordinance, art. IV, paragraph 6. (1979 Code, § 5-1102)
9-1103. Permits. Prior to any portable stand being set a permit shall
be obtained from the building official for the placement of the stand. No permit
fee shall be charged if the items displayed, sold or given away are in the general
line of the principal business on the lot, otherwise an annual fee of two hundred
dollars ($200.00) shall be charged for the permit provided the permit is obtained
prior to the placement of the stand and an annual fee of four hundred dollars
($400.00) provided the permit is obtained after the placement of the stand. A
permit shall only be valid for one (1) year from the date of issuance and no
portable stand shall be located in any one (1) location for more than sixty (60)
days during said one (1) year period. In the event that a permit holder chooses
to locate said stand in a new location, permit holder shall obtain a new permit
at no charge if within original one (1) year period. The stand shall be moved
from the location at the expiration of the sixty (60) day period.
Non-profit groups and vendors with portable stands at non-profit and/or
civic events shall be exempt from this section. (1979 Code, § 5-1103, as replaced
by Ord. #2008-12, July 2008, and Ord. #2008-14, Sept. 2008)
9-29
9-1104. Signs. Any signs in connection with said portable stand shall
be located on the stands or otherwise be in full conformity with other sign
ordinances. (1979 Code, § 5-1104)
9-1105. Merchandise. Except in the C-1 (Central Business) Zone,
merchandise shall not be displayed or located within five (5) feet of the street
right-of-way. (1979 Code, § 5-1105)
9-1106. Existing portable stands. All portable stands now located in
violation of this chapter shall be moved or a permit obtained within thirty (30)
days after being notified to do so by the building official. (1979 Code, § 5-1106)
9-1107. Violations.
Any violations of this chapter shall be a
misdemeanor and each day of any violation shall constitute a separate offense.
(1979 Code, § 5-1107)
9-30
CHAPTER 12
CABLE TELEVISION
SECTION
9-1201. To be furnished under franchise.
9-1201. To be furnished under franchise. Cable television service
shall be furnished to the City of Fayetteville and its inhabitants under franchise
granted by the board of mayor and aldermen of the City of Fayetteville,
Tennessee.1
1
For complete details relating to the cable television franchise agreement
see Ords. #84-11; #89-6; #94-9 (12/13/94); #94-10 (12/13/94); #95-3 (2/14/95); #9523 (10/10/95); #96-7 (3-18-96); #96-10 (4-16-96); #97-3 (4-8-97); #2000-4 (3-142000); #2004-22 (12-14-04), #2005-1 (1-11-05); and 2005-10 (8-9-05) in the office
of the city clerk.
10-1
TITLE 10
ANIMAL CONTROL
CHAPTER
1. IN GENERAL.
2. DOGS.
3. ORDINANCE REGULATING DANGEROUS DOGS.
CHAPTER 1
IN GENERAL
SECTION
10-101. Running at large prohibited.
10-102. Keeping near a residence or business restricted.
10-103. Pen or enclosure to be kept clean.
10-104. Adequate food, water, and shelter, etc., to be provided.
10-105. Keeping in such manner as to become a nuisance prohibited.
10-106. Cruel treatment prohibited.
10-107. Rabies control.
10-108. Appointment of a rabies control officer.
10-109. Impoundment and disposition of animals.
10-110. Disposition of proceeds of sale.
10-111. Rabies control officer clothed with police powers.
10-101. Running at large prohibited. It shall be unlawful for any
person owning or being in charge of any cows, swine, sheep, horses, mules or
goats, or any chickens, ducks, geese, turkeys, or other domestic fowl, cattle or
livestock, or cats to knowingly or negligently permit any of them to run at large
in any street, alley, or unenclosed lot within the corporate limits. (1979 Code,
§ 3-101)
10-102. Keeping near a residence or business restricted. No person
shall keep any animal or fowl, except cats enumerated in the preceding section
to come within one thousand (1,000) feet of any residence, place of business, or
public street without a permit from the health officer. The health officer shall
issue a permit only when in his sound judgment the keeping of such an animal
in a yard or building under the circumstances as set forth in the application for
the permit will not injuriously affect the public health. (1979 Code, § 3-102)
10-103. Pen or enclosure to be kept clean. When animals or fowls
are kept within the corporate limits, the building, structure, corral, pen, or
enclosure in which they are kept shall at all times be maintained in a clean and
sanitary condition. (1979 Code, § 3-103)
10-2
10-104. Adequate food, water, and shelter, etc., to be provided. No
animal or fowl of any kind shall be kept or confined in any place where the food,
water, shelter, and ventilation are not adequate and sufficient for the
preservation of its health, safe condition, and wholesomeness for food if so
intended. (1979 Code, § 3-104)
10-105. Keeping in such manner as to become a nuisance
prohibited. No animal or fowl shall be kept in such a place or condition as to
become a nuisance because of either noise, odor, contagious disease, or other
reason. (1979 Code, § 3-105)
10-106. Cruel treatment prohibited. It shall be unlawful for any
person to unnecessarily beat or otherwise abuse or injure any dumb animal or
fowl. (1979 Code, § 3-106)
10-107. Rabies control. The rabies control program shall be under the
control and supervision of the water, fire, light and police committee. (1979
Code, § 3-107)
10-108. Appointment of a rabies control officer. A rabies control
officer and such deputies or other persons as may be required shall be employed
to take and impound all animals and foul running at large in violation of any
provision of this code and to manage the pound. (1979 Code, § 3-108)
10-109. Impoundment and disposition of animals. It shall be the
duty of the rabies control officer of the city to take up and impound all animals
and fowl running at large in violation of any provision of this code. Upon the
impounding of any such animal or fowl, the rabies control officer shall notify the
owner thereof, if known. If such owner does not redeem his animal or fowl from
the pound, show evidence of rabies vaccination, and the proper license, if
required, and pay the impoundment fee as hereinafter stated and maintenance
charge of $2.00 per day within five (5) days, the animal or fowl shall be disposed
of by sale, or if no purchasers, by gift, under terms imposed by the rabies control
officer, or by humane destruction. In case of the impoundment of any animal or
fowl of unknown ownership, such animal shall be kept for five (5) days and if not
redeemed by the owner by showing evidence of rabies vaccination, and the
proper license, if required, paying the impoundment fee as hereinafter stated
and maintenance charge of $2.00 per day, said animal or fowl shall be disposed
of by sale, or if no purchasers, by gift, under terms imposed by the rabies control
officer, or by humane destruction. When in the opinion of the rabies control
officer any animal or fowl is diseased and there is danger of this disease being
transmitted to other animals, fowls, or persons, then the rabies control officer
may immediately destroy said animal. The impoundment fee shall be $4.00 for
the first impoundment and for any subsequent impoundment of the same dog
10-3
within six months of the first impoundment the fee shall be $6.00 for the second
and $8.00 for any other impoundment. The impoundment fee shall be reduced
by $1.00 if the dog is wearing a valid numbered tag. (1979 Code, § 3-109)
10-110. Disposition of proceeds of sale. All sums arising from the
sale of any animal or fowl as hereinbefore provided, after paying the
impoundment fee, maintenance charge, and cost of making the sale, shall be
paid to the owner, if know. If the owner is not known, the unclaimed remainder
shall be turned over to the city clerk who shall hold such sums subject to the
claim of the proper owner. All such moneys remaining unclaimed in the hands
of the city clerk for a period of six (6) months shall be forfeited to the use of the
city. (1979 Code, § 3-110)
10-111. Rabies control officer clothed with police powers. For the
purpose of enforcing the provisions of this code, the rabies control officer and his
deputies shall be clothed with police powers. (1979 Code, § 3-111)
10-4
CHAPTER 2
DOGS
SECTION
10-202. Enforcement.
10-203. Animals becoming nuisance; vicious animals.
10-204. Impoundment.
10-205. Confinement of certain dogs and other animals.
10-206. Rabies control.
10-207. Reports of bite cases.
10-208. Responsibilities of veterinarians.
10-209. Investigation.
10-210. Interference.
10-211. Veterinarians.
10-201. Definitions. As used in this chapter the following terms shall
mean:
(1)
"Owner." Any person, group of persons, or corporation owning,
keeping or harboring animals.
(2)
"Kennel." Any person, group of persons, or corporation engaged in
breeding, buying, selling, or boarding dogs.
(3)
"At large." Any animal shall be deemed to be at large when he is
off the property of his owner and not under restraint of a competent person.
(4)
"Restraint." A dog is under restraint within the meaning of this
chapter if he is:
(a)
Secured by a leash under the control of a person or
(b)
On or within a vehicle being driven or parked on the streets.
(5)
"Spayed female." Any bitch which has been operated upon to
prevent conception.
(6)
"Animal pound." Any premises designated by action of the city for
the purpose of impounding and caring for all animals found running at large in
violation of this chapter.
(7)
"Rabies control officer." The person or persons employed or
designated by the city as its enforcement officer.
(8)
"Exposed to rabies." An animal has been exposed to rabies within
the meaning of this chapter if it has been bitten by or been exposed to, any
animal known to have been infected with rabies
(9)
"Nuisance." A dog shall be considered a "nuisance" if it barks,
howls, bites, attempts to bite, chases pedestrians or moving vehicles, or
rummages through receptacles for trash and garbage. (1979 Code, § 3-201)
10-5
10-202. Enforcement. The provisions of this chapter shall be enforced
by the rabies control officer under the supervision of the rabies control
committee of the board of mayor and aldermen. (1979 Code, § 3-202)
10-203. Animals becoming nuisance; vicious animals. Whenever
in the judgment of the rabies control officer a dog is allowed by the owner to
become a nuisance, such animal shall be impounded with the concurrence of the
judge and disposed of as provided under § 10-109 hereof.
Whenever any dog becomes vicious as against persons or other animals,
in the judgment of the rabies control officer, the owner thereof shall keep the
same adequately muzzled at all times when not adequately isolated and
confined by the owner. (1979 Code, § 3-205)
10-204. Impoundment. (1) Unlicensed dogs shall be taken up by the
rabies control officer and impounded in the pound as provided in § 10-109
hereof.
(2)
Licensed dogs running at large may be impounded by the rabies
control officer or he, at his discretion, may cite the owners of such dogs, if
known, to appear in court to answer charges of violation of this chapter. In
deciding whether to impound the dogs or cite the owners the rabies control
officer shall take into consideration the area problem, if any, whether or not the
dog has previously been reported as a nuisance, and the rabies season.
(3)
Immediately upon impounding dogs, the rabies control officer shall
make every reasonable effort to notify the owners of such dogs so impounded.
(1979 Code, § 3-206)
10-205. Confinement of certain dogs and other animals. (1) The
owner shall confine within a building or secure enclosure every fierce,
dangerous, or vicious dog, and not take such dog out of such building or secure
enclosure unless such dog is securely muzzled.
(2)
Every female dog in heat shall be kept confined in a building or
secure enclosure, or in a veterinary hospital or boarding kennel, in such manner
that such female dog cannot come in contact with another dog, except for
intentional breeding purposes.
(3)
Any animal described in the foregoing subsections of § 10-207 of
this chapter, found at large shall be impounded by the rabies control officer.
(4)
Any dog impounded for being a public nuisance may not be
redeemed unless such redemption is authorized by any court having jurisdiction.
(5)
When in the judgment of the rabies control officer an animal should
be destroyed for humane reasons, such animal may not be redeemed. (1979
Code, § 3-207)
10-206. Rabies control. (1) Every animal or rodent which bites a
person shall be promptly reported to the rabies control officer, and shall
10-6
thereupon be securely quarantined at the direction of the rabies control officer
for a period of 10 days and shall not be released from such quarantine except by
written permission of the rabies control officer. At the discretion of the rabies
control officer, such quarantine may be on the premises of the owner, at the
shelter designated as the city animal pound, or at the owner's option and
expense, in a veterinary hospital of his choice. In the case of stray animals, or
in the case of animals whose ownership is not known, such quarantine shall be
at the shelter designated as the animal pound.
(2)
The owner, upon demand by the rabies control officer, shall
forthwith surrender any animal which has bitten a human, or which is
suspected as having been exposed to rabies, for supervised quarantine, the
expense of which shall be borne by the owner. Said animal may be reclaimed by
the owner if it is adjudged free of rabies, upon payment of the required fees and
upon compliance with the licensing provisions set forth in this chapter.
(3)
When rabies has been diagnosed in an animal under quarantine or
rabies suspected by a licensed veterinarian, and the animal dies while under
such observation, the rabies control officer shall immediately send the head of
such animal to the state health department for pathological examination, and
shall notify the proper public health officer of the city of the diagnosis.
(4)
When one or both reports indicate a positive diagnosis of rabies, the
rabies control officer may recommend an area-wide quarantine for a period of
60 days, and upon the invoking of such quarantine, no pet animal shall be taken
into the streets or permitted to be in the streets during such period of
quarantine. During such quarantine, no animal may be taken or shipped from
the city without permission of the rabies control officer.
During this quarantine period and as long afterward as he decides it is
necessary to prevent the spread of rabies, the rabies control officer shall require
that all dogs, 3 months of age and older, shall be vaccinated against rabies with
a canine rabies vaccine approved by the biologics control section of the U. S.
Department of Agriculture. The types of approved canine anti-rabies vaccine to
be used and the recognized duration of immunity for each shall be established
by the rabies control officer. All vaccinated dogs shall be restricted (leashing or
confinement on enclosed premises) for 30 days after vaccination. During the
quarantine period, the rabies control officer shall be empowered to provide for
a program of mass immunization by the establishment of temporary emergency
canine rabies vaccination clinics strategically located throughout the area of the
health jurisdiction.
(5)
Dogs bitten by a known rabid animal shall immediately be
destroyed or if the owner is not willing to destroy the exposed animal, strict
isolation of the animal in a kennel for 6 months shall be enforced. If the dog has
been previously vaccinated, within time limits established by the rabies control
officer based on the kind of vaccine used, revaccination and restraint (by
leashing and confinement) for 30 days shall be carried out.
10-7
(6)
In the event there are additional cases of rabies occurring during
the period of the quarantine, such period of the quarantine may be extended for
an additional six months.
(7)
No person shall remove from the city limits, any rabid animal, any
animal suspected of having been exposed to rabies, or any animal which has
bitten a man, except as herein provided, without written permission from the
rabies control officer.
(8)
The carcass of any dead animal exposed to rabies shall upon
demand be surrendered to the rabies control officer.
(9)
The rabies control officer shall direct the disposition of any animal
found to be infected with rabies.
(10) No person shall fail or refuse to surrender any animal for
quarantine or destruction as required herein when demand is made therefor by
the rabies control officer.
(11) That each and every provision of this chapter relative to rabies
control shall be applicable to all animals and rodents and the owners thereof in
the City of Fayetteville. (1979 Code, § 3-208)
10-207. Reports of bite cases. It shall be the duty of every physician
or other medical practitioner to report to the rabies control officer the names
and addresses of persons treated for bites inflicted by animals, together with
such other information as will be helpful for rabies control. (1979 Code, § 3-209)
10-208. Responsibilities of veterinarians. It shall be the duty of
every licensed veterinarian to report to the rabies control officer any animal
considered by him to be a rabies suspect. (1979 Code, § 3-210)
10-209. Investigation. For the purpose of discharging the duties
imposed by this chapter and to enforce its provisions, the rabies control officer
or any police officer is empowered to enter upon any premises upon which a dog
is kept or harbored and to demand the exhibition by the owner of such dog and
the license for such dog. It is further provided that the rabies control officer
may enter the premises where any animal is kept in a reportedly cruel or
inhumane manner and demand to examine such animal and to take possession
of such animal, when in his opinion, it is required to insure humane treatment
to such animal. (1979 Code, § 3-211)
10-210. Interference. No person shall interfere with, hinder, or molest
the rabies control officer in the performance of any duty imposed by this chapter
or seek to release any animal in the custody of the rabies control officer except
as herein provided. (1979 Code, § 3-212)
10-211. Veterinarians. No veterinarian shall administer a rabies
vaccination to the dog of any owner whose residence is within the corporate
10-8
limits of Fayetteville without requiring proof of a current year's license for the
dog. (1979 Code, § 3-213)
10-9
CHAPTER 3
ORDINANCE REGULATING DANGEROUS DOGS
SECTION
10-301. Authorization.
10-302. Purpose of intent.
10-304. Procedure for declaring a dog dangerous.
10-305. Notification of dangerous dog declaration.
10-306. Hearing on dangerous dog declaration.
10-307. Appeal from dangerous dog declaration.
10-308. Keeping of dangerous dogs.
10-309. Permit and tag required for a dangerous dog.
10-310. Pit bull dogs presumed dangerous.
10-311. Notification of intent to impound.
10-312. Immediate impoundment.
10-313. Impoundment hearing.
10-314. Destruction.
10-315. Appeal from order of humane destruction.
10-316. Change of ownership.
10-317. Continuation of dangerous dog declaration.
10-301. Authorization. This ordinance is enacted pursuant to the
general police power, the authorities granted to cities and towns by the
Tennessee State Constitution. (as added by Ord. #2007-01, March 2007)
10-302. Purpose and intent. The purposes of this ordinance are to
promote the public health, safety, and general welfare of the citizens of the City
of Fayetteville. It is intended to be applicable to "dangerous" dogs, as defined
herein, and to regulate dogs that are commonly referred to as "pit bulls," as
defined herein, by ensuring responsible handling by their owners through
registration, confinement, and liability insurance. (as added by Ord. #2007-01,
March 2007)
10-303. Definitions. When used in this ordinance, the following words,
terms, and phrases, and their derivations shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
(1)
"Animal control officer" means any person employed or appointed
by the city who is authorized to investigate and enforce violations relating to
animal control or cruelty under the provision of this ordinance.
(2)
"At large" means that a dog is not under the direct control of the
owner.
10-10
(3)
"Dangerous dog" means any dog that, because of its aggressive
nature, training or characteristic behavior, presents a risk of serious physical
harm or death to human beings, or would constitute a danger to human life,
physical well-being, or property if not kept under the direct control of the owner.
This definition shall not apply to dogs utilized by law enforcement officers in the
performance of their duties. The term "dangerous dog" includes any dog that
according to the records of either the city, animal shelter, the city department
of animal control, or any law enforcement agency:
(a)
Has aggressively bitten, attacked, endangered, or inflicted
severe injury on a human being on public or private property, or when
unprovoked, has chased or approached a person upon the street,
sidewalks, or any public grounds in a menacing fashion or apparent
attitude of attack, provided that such actions are attested to in a sworn
statement by one or more persons and dutifully investigated by any of the
above referenced authorities;
(b)
Has more than once severely injured or killed a domestic
animal while off the owner's property; or
(c)
Has been used primarily or in part for the purpose of dog
fighting, or is a dog trained for dog fighting.
(4)
"Direct control" means immediate, continuous physical control of
a dog such as by means of a leash, cord, secure fence, or chain of such strength
to refrain the dog and controlled by a person capable of restraint within a
vehicle. If the controlling person is at all times fully and clearly within
unobstructed sight and hearing of the dog, voice control shall be considered
direct control when the dog is actually participating in training or in an official
showing, obedience, or field event. Direct control shall not be required of dogs
actually participating in a legal sport in an authorized area or to government
police dogs.
(5)
"Director" means the animal control officer.
(6)
"Impoundment" means the taking or picking up and confining of
an animal by any police officer, animal control officer or any other public officer
under the provisions of this ordinance.
(7)
"Muzzle" means a device constructed of strong soft material or of
metal, designed to fasten over the mouth of an animal to prevent the animal
from biting any person or other animal.
(8)
"Pit bull dog" means and includes any of the following dogs:
(a)
The Staffordshire Bull Terrier breed of dogs.
(b)
The American Staffordshire Terrier breed of dogs.
(c)
The American Pit Bull Terrier breed of dogs.
(d)
Dogs that have the appearance and characteristics of being
predominately of the breeds of dogs known as Staffordshire Bull Terrier,
American Pit Bull Terrier, or American Staffordshire Terrier.
(9)
"Owner" means any person, partnership, corporation or other legal
entity owning, harboring or keeping any animal, or in the case of a person under
10-11
the age of eighteen (18), that person's parent or legal guardian. An animal shall
be deemed to be harbored if is fed or sheltered for three (3) or more consecutive
days. The definition shall not apply to any veterinary clinic or boarding kennel.
(10) "Sanitary condition" means a condition of good order and
cleanliness to minimize the possibility of disease transmission.
(11) "Under restraint" means that an animal is secured by leash, led
under the control of a person physically capable of restraining the animal and
obedient to that person's commands, or securely enclosed within the real
property limits of the owner's premises. (as added by Ord. #2007-01, March
2007)
10-304. Procedure for declaring a dog dangerous. (1) An animal
control officer or any adult person may request under oath that a dog be
classified as dangerous as defined in § 10-303(3) by submitting a sworn, written
complaint on a form approved by the animal control officer. Upon receipt of
such complaint, the director shall notify the owner of the dog that a complaint
has been filed and that an investigation into the allegations as set forth in the
complaint will be conducted.
(2)
At the conclusion of an investigation, the director may:
(a)
Determine that the dog is not dangerous, and, if the dog is
impounded, waive any impoundment fees incurred and release the dog to
its owner; or
(b)
Determine that the dog is dangerous and order the owner to
comply with the requirements for keeping dangerous dogs set forth in
§ 10-308, and if the dog is impounded, release the dog to its owner after
the owner has paid all fees incurred for the impoundment. If all
impoundment fees have not been paid within ten (10) business days after
a final determination that a dog is dangerous, the director may cause the
dog to be humanely destroyed. (as added by Ord. #2007-01, March 2007)
10-305. Notification of dangerous dog declaration. (1) Within five
(5) business days after the declaring a dog dangerous, the director shall notify
the owner by certified mail of the dog's designation as a dangerous dog and any
specific restrictions and conditions for keeping the dog, as set forth in § 10-308
of this ordinance. The animal control officer also shall notify the city
administrator and the police chief of the designation of any dog as a dangerous
dog and specify any particular requirements or conditions placed upon the dog
owner.
(2)
The notice shall inform the dog owner that he may request, in
writing, a hearing to contest the director's finding and designation within five
(5) business days after delivery of the dangerous dog declaration notice.
(3)
If the director cannot with due diligence locate the owner of a dog
that has been seized pursuant to this ordinance, the director shall cause the dog
to be impounded for not less than five (5) business days. If after five (5) days,
10-12
the owner fails to claim the dog, the director may cause the dog to be humanely
destroyed. (as added by Ord. #2007-01, March 2007)
10-306. Hearing on dangerous dog declaration. (1) The city
administrator shall hold a hearing within fifteen (15) business days after
receiving the dog owner's written request for such a hearing. The city
administrator shall provide notice of the date, time and location of the hearing
to the dog owner by certified mail and to the complainant by regular mail.
(2)
At a hearing, all interested persons shall be given the opportunity
to present evidence on the issue of the dog's dangerousness. Criteria to be
considered in a hearing required by this section shall be included but not to be
limited to the following:
(a)
Provocation,
(b)
Severity of attack or injury to a person or domestic animal,
(c)
Previous aggressive history of the dog,
(d)
Observable behavior of the dog,
(e)
Site and circumstances of the incident, and,
(f)
Statements from interested parties.
(3)
A determination at a hearing that the dog is in fact a dangerous
dog as defined in § 10-303(3) shall subject the dog and its owner to the
provisions of this ordinance.
(4)
Failure of the dog owner to request a hearing shall result in the dog
being finally declared a dangerous dog and shall subject the dog and its owner
to the provisions of this ordinance. (as added by Ord. #2007-01, March 2007)
10-307. Appeal from dangerous dog declaration. If the city
administrator determines that a dog is dangerous at the conclusion of a hearing
conducted under § 10-306, that decision shall be final unless the dog owner
applies to a court of competent jurisdiction for any remedies that may be
available within ten (10) days after receiving notice that the dog has been finally
declared dangerous. The appeal must be a trial de novo and shall be civil
proceeding for the purpose of affirming or reversing the city administrator's
determination of dangerousness. (as added by Ord. #2007-01, March 2007)
10-308. Keeping of dangerous dogs. The keeping of a dangerous dog
as defined in § 10-303(3) shall be subject to the following requirements:
(1)
Leash. No person having charge, custody, control or possession of
a dangerous dog shall allow the dog to exit its kennel, pen or other proper
enclosure unless such dog is securely attached to a leash not more than four (4)
feet in length. No such person shall permit a dangerous dog to be kept on a
chain, rope or other type of leash outside its kennel or pen unless a person
capable of controlling the dog is in physical control of the leash.
(2)
Muzzle. It shall be unlawful for any owner or keeper of a
dangerous dog to allow the dog to be outside of its proper enclosure unless it is
10-13
necessary for the dog to receive veterinary care or exercise. In such cases, the
dog shall wear a properly fitted muzzle to prevent it from biting humans or
other animals. Such muzzle shall not interfere with the dog's breathing or
vision.
(3)
Confinement. Except when leashed and muzzled as provided in
this section, a dangerous dog shall be securely confined indoors or confined in
a locked pen or other secure enclosure that is suitable to prevent the entry of
children and is designed to prevent the dog from escaping. The enclosure shall
include shelter and protection from the elements and shall provide adequate
exercise room, light and ventilation. The enclosed structure shall be kept in a
clean and sanitary condition and shall meet the following requirements:
(a)
The structure must have secure sides and a secure top, or all
sides must be at least eight (8) feet high;
(b)
The structure must have a bottom permanently attached to
the sides or the sides must be embedded not less than one (1) foot into the
ground; and
(c)
The structure must be of such material and closed in such
a manner that the dog cannot exit the enclosure on its own.
(4)
Indoor confinement. No dangerous dog shall be kept on a porch,
patio or any part of a house structure that would allow the dog to exit such
building on its own volition. In addition, no such dog shall be kept in a house or
structure when the windows or screen doors are the only obstacle preventing the
dog from exiting the structure.
(5)
Signs. All owners, keepers or harborers of dangerous dogs shall
display in a prominent place on their premises a sign easily readable by the
public using the words "Beware of Dog."
(6)
Liability insurance, surety bond. The owner of dangerous dog shall
present to the animal control officer proof that he/she has procured liability
insurance or a surety bond in the amount of not less than one hundred thousand
dollars ($100,000) covering any damages or injury that may be caused by such
dangerous dog. The policy shall contain a provision requiring that the city be
notified immediately by the agent issuing the policy in the event that the
insurance policy is cancelled, terminated or expires. The liability insurance or
surety bond shall be obtained prior to the issuing of a permit to keep a
dangerous dog. The dog owner shall sign a statement attesting that he shall
maintain and not voluntarily cancel the liability insurance policy during the
twelve (12) month period for which a permit is sought, unless he ceases to own
or keep the dog prior to the expiration date of the permit period. In the event
that the owner proves to the satisfaction of the animal control officer that
insurance is not available, he may pay a non-refundable cash fee in the amount
of one thousand dollars ($1,000) to the city.
(7)
Animals born of registered dogs. All offspring born of dangerous
dogs registered with the animal control officer also must be registered with the
department within six (6) weeks of birth.
10-14
(8)
Notification of escape. The owner or keeper of a dangerous dog
shall notify the animal control officer immediately if such dog escapes from its
enclosure or restraint and is at large. Such immediate notification shall also be
required if the dog bites or attacks a person or domestic animal.
(9)
Failure to comply. It shall be unlawful and a misdemeanor for any
owner of a dangerous dog registered with the animal control officer to fail to
comply with the requirements and conditions set forth in this section. Any dog
found to be in violation of this section shall be subject to immediate seizure and
impoundment. In addition, failure to comply with the requirements and
conditions set forth in this ordinance shall result in the revocation of the dog's
license and the permit providing for the keeping of such animal. (as added by
Ord. #2007-01, March 2007)
10-309. Permit and tag required for a dangerous dog. (1) The
owner of a dangerous dog shall, within three (3) business days after the
classification of the dog as a dangerous or upon acquisition of such a dog, obtain
an annual permit from the animal control officer to harbor the dog. The fee for
such permit shall be one hundred dollars ($100) per year.
This fee shall include the tag and inspection fee for inspection of the
structure for confinement of the animal.
(2)
Proof of current rabies vaccination shall be presented in order to
obtain the permit.
(3)
At the time the permit is issued, a red circular tag shall be issued
to the owner of the dangerous dog. The tag shall be worn at all times by the dog
to clearly and easily identify it as a dangerous dog.
(4)
The permit for maintaining a dangerous dog shall be presented to
an animal control officer upon demand. (as added by Ord. #2007-01, March
2007)
10-310. Pit bull presumed. There shall be irrefutable presumption
that any dog registered with the animal control officer as a pit bull is a
dangerous dog and is therefore subject to the requirements of this ordinance.
(as added by Ord. #2007-01, March 2007)
10-311. Notification of intent to impound. (1) When the animal
control officer or his designee intends to impound a dog declared to be dangerous
for violation of § 10-308 he shall notify the owner or custodian of the dog, by
certified mail, of the intended impoundment at least five (5) business days prior
to the intended impoundment, except as provided in § 10-312.
(2)
The notice of intent to impound shall inform the owner or custodian
of the dog that he may request in writing, within five (5) business days prior to
the intended impoundment, a hearing to contest the intended impoundment and
finding of violation.
10-15
(3)
Upon request by the owner or custodian of the dog for a hearing
pursuant to subsection (2), a hearing shall be held within ten (10) business days
after the request for a hearing. Notice of the date, time and location of the
hearing shall be provided by certified mail to the dog's owner or custodian
requesting such hearing.
(4)
If the owner or custodian requests a hearing pursuant to subsection
(b), no impoundment shall take place until conclusion of the hearing, except as
authorized in § 10-312. (as added by Ord. #2007-01, March 2007)
10-312. Immediate impoundment. (1) A dog declared to be dangerous
may be immediately impounded without a pre-impoundment hearing when the
animal control officer or his designee determines such immediate impoundment
is necessary for the protection of public health or safety. Such immediate
impoundment may be ordered for violation of § 10-308 or when the dog bites a
person or domestic animal.
(2)
The owner or custodian of the dog immediately impounded
pursuant to subsection (1) shall be notified of the impoundment by certified mail
within five (5) business days after the dog's impoundment
(3)
The notice of impoundment shall inform the owner or custodian of
the dog that he may request, in writing, a hearing to contest the impoundment
within five (5) business days after the mailing of the notice of impoundment.
(4)
Upon request by the owner or custodian of the dog for a hearing
under subsection (3), a hearing shall be held within ten (10) business days after
such request. Notice of the date, time and location of the hearing shall be
provided by certified mail to the dog owner requesting the hearing. (as added
by Ord. #2007-01, March 2007)
10-313. Impoundment hearing.
(1)
If after a hearing on
impoundment, the director of his designee finds no violation of § 10-308, or that
the dog has not bitten an individual, the dog shall be returned to its owner or
custodian if already impounded, or shall not be impounded as intended.
(2)
Incident to the findings and conclusions made at the impoundment
hearing, the director or his designee may impose reasonable restrictions and
conditions for the maintenance of the dog to ensure the health and safety of the
public and the animal. Such conditions may include, but shall not be limited to:
(a)
Posting of bond or other proof of ability to respond in
damages;
(b)
Specific requirements as to size, construction and design of
a kennel in which to house the dog;
(c)
Requirements as to type and method of restraint and/or
muzzling of the dog;
(d)
Photo identification or permanent marking of the dog for
purposes of identification; and
10-16
(e)
Payment of reasonable fees to recover the costs incurred by
the animal control officer in ensuring compliance with this ordinance. (as
added by Ord. #2007-01, March 2007)
10-314. Destruction. (1) The animal control officer or his designee may
order the destruction of a dog that it determines to be extremely dangerous to
public health or safety, a dog that has made an extremely vicious attack upon
an individual, or a dog declared dangerous whose owner is unable or unwilling
to adequately restrain it.
(2)
The director or his designee shall give written notice by certified
mail of his intention to destroy such dog to the owner or custodian of the dog,
who may request in writing, within ten (10) business days after delivery of such
notice, a hearing to contest the intended destruction.
(3)
If no hearing is requested pursuant to subsection (2), the dog shall
be destroyed pursuant to applicable provisions of law.
(4)
If a hearing is requested pursuant to subsection (2), such hearing
shall be held within ten (10) business days after the request; and the dog shall
not be destroyed prior to the conclusion of the hearing.
(5)
The dog owner shall be responsible for payment of all boarding
costs and other fees as may be required for the city to humanely and safely keep
the animal during any legal proceeding. (as added by Ord. #2007-01, March
2007)
10-315. Appeal from order of humane destruction. If the director
or his designee orders a dangerous dog to be humanely destroyed pursuant to
§ 10-314, that decision shall be final unless the dog owner applies to a court of
competent jurisdiction for any remedies that may be available within ten (10)
days after receiving notice of the destruction order. If an appeal is timely filed,
the director shall suspend the destruction order pending the final determination
of the court. The appeal hearing must be a trial de novo and shall be a civil
proceeding for the purpose of affirming or reversing the director's destruction
order. (as added by Ord. #2007-01, March 2007)
10-316. Change of ownership. (1) Any owner of a dangerous dog who
sells or otherwise transfers ownership, custody or resident of the dog shall,
within ten (10) business days after such change of ownership or residence,
provide written notification to the animal control officer of the name, address
and telephone number of the new owner. It also shall be the responsibility of the
person transferring ownership or custody of the dog to provide written
notification of the dog's classification as dangerous to the person receiving the
dog. The previous owner shall furnish a copy of such notification to the animal
control officer along with written acknowledgment by the new owner of his
receipt of such notification. The animal control officer or his designee shall
notify the city administrator and police chief of any changes of ownership,
10-17
custody or residence of the dog within three (3) business days after receiving the
required information from the previous dog owner.
(2)
Any person receiving a dog classified as dangerous must obtain the
required permit, tag and enclosure prior to acquisition of the dog. The new
owner shall comply fully with the provision of this ordinance pertaining to
obtaining liability insurance, payment of fees, and maintenance, control and
ownership of a dangerous dog. (as added by Ord. #2007-01, March 2007)
10-317. Continuation of dangerous dog declaration. Any dog that
has been declared dangerous by any agency or department of this city, another
municipality, county, or state shall be subject to the provisions of this ordinance
for the remainder of its life. The person owning or having custody of any dog
designated as a dangerous dog by any municipality, county, or state government
shall notify the animal control officer of the dog's address and conditions of
maintenance within ten (10) days of moving the animal into the City of
Fayetteville. The restrictions and conditions of maintenance of any dog declared
dangerous by this city, another municipality, county, or state shall remain in
force while the dog remains in the city. (as added by Ord. #2007-01, March
2007)
11-1
TITLE 11
MUNICIPAL OFFENSES1
CHAPTER
1. ALCOHOL.
2. FORTUNE TELLING, ETC.
3. [DELETED.]
4. OFFENSES AGAINST THE PEACE AND QUIET.
5. INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL.
6. FIREARMS, WEAPONS AND MISSILES.
7. TRESPASSING, MALICIOUS MISCHIEF AND INTERFERENCE WITH
TRAFFIC.
8. MISCELLANEOUS.
9. CURFEW REGULATIONS.
10. LITTERING.
CHAPTER 1
ALCOHOL2
SECTION
11-101. Drinking beer, etc., on streets, etc.
11-102. Minors in beer places.
11-101. Drinking beer, etc., on streets, etc. It shall be unlawful for
any person to drink or consume, or have an open can or bottle of beer in or on
any public street, alley, avenue, highway, sidewalk, public park, public school
ground or other public place unless the place has a permit and license for on
premises consumption. (1979 Code, § 10-228)
1
2
Animals and fowls: title 10.
Housing and utilities: title 12.
Fireworks and explosives: title 7.
Traffic offenses: title 15.
Streets and sidewalks (non-traffic): title 16.
Sale of alcoholic beverages, including beer: title 8.
State law reference
See Tennessee Code Annotated § 33-8-203 (Arrest for Public
Intoxication, cities may not pass separate legislation).
11-2
11-102. Minors in beer places. No minor under the age of twenty-one
(21) shall loiter in or around, work in, or otherwise frequent any place where
beer is sold at retail for consumption the on premises. (1979 Code, § 10-222,
modified)
11-3
CHAPTER 2
FORTUNE TELLING, ETC.
SECTION
11-201. Fortune telling, etc.
11-201. Fortune telling, etc. It shall be unlawful for any person to
conduct the business of, solicit for, or ply the trade of fortune teller, clairvoyant,
hypnotist, spiritualist, palmist, phrenologist, or other mystic endowed with
supernatural powers. (1979 Code, § 10-234, modified)
11-4
CHAPTER 3
[DELETED.]
(1979 Code, § 10-201, as deleted by Ord. #2007-41, Dec. 2007)
11-5
CHAPTER 4
OFFENSES AGAINST THE PEACE AND QUIET
SECTION
11-401. Disturbing the peace.
11-402. Anti-noise regulations.
11-401. Disturbing the peace. No person shall disturb, tend to disturb,
or aid in disturbing the peace of others by violent, tumultuous, offensive, or
obstreperous conduct, and no person shall knowingly permit such conduct upon
any premises owned or possessed by him or under his control. (1979 Code,
§ 10-202)
11-402. Anti-noise regulations. Subject to the provisions of this
section, the creating of any unreasonably loud, disturbing, and unnecessary
noise is prohibited. Noise of such character, intensity, or duration as to be
detrimental to the life or health of any individual, or in disturbance of the public
peace and welfare, is prohibited.
(1)
Miscellaneous prohibited noises enumerated. The following acts,
among others, are declared to be loud, disturbing, and unnecessary noises in
violation of this section, but this enumeration shall not be deemed to be
exclusive, namely:
(a)
Blowing horns. The sounding of any horn or other device on
any automobile, motorcycle, bus, streetcar, or vehicle while not in motion
except as a danger signal if another vehicle is approaching, apparently
out of control, or if in motion, only as a danger signal after or as brakes
are being applied and deceleration of the vehicle is intended; the creation
by means of any such signal device of any unreasonably loud or harsh
sound; and the sounding of such device for an unnecessary and
unreasonable period of time.
(b)
Radios, phonographs, etc. The playing of any radio,
phonograph, or any musical instrument or sound device, including but
not limited to loudspeakers or other devices for reproduction or
amplification of sound, either independently of or in connection with
motion pictures, radio, or television, in such a manner or with such
volume, particularly during the hours between 11:00 P.M. and 7:00 A.M.,
as to annoy or disturb the quiet, comfort, or repose of persons in any office
or hospital, or in any dwelling, hotel, or other type of residence, or of any
person in the vicinity.
(c)
Yelling, shouting, hooting, etc. Yelling, shouting, hooting,
whistling, or singing on the public streets, particularly between the hours
of 11:00 P.M. and 7:00 A.M., or at any time or place so as to annoy or
11-6
disturb the quiet, comfort, or repose of any person in any hospital,
dwelling, hotel, or other type of residence, or of any person in the vicinity.
(d)
Pets. The keeping of any animal, bird, or fowl which by
causing frequent or long continued noise shall disturb the comfort or
repose of any person in the vicinity.
(e)
Use of vehicle. The use of any automobile, motorcycle,
streetcar, or vehicle so out of repair, so loaded, or in such manner as to
cause loud and unnecessary grating, grinding, rattling, or other noise.
(f)
Blowing whistles. The blowing of any steam whistle
attached to any stationary boiler, except to give notice of the time to begin
or stop work or as a warning of fire or danger, or upon request of proper
city authorities.
(g)
Exhaust discharge. To discharge into the open air the
exhaust of any steam engine, stationary internal combustion engine,
motor vehicle, or boat engine, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(h)
Building operations. The erection (including excavation),
demolition, alteration, or repair of any building in any residential area or
section or the construction or repair of streets and highways in any
residential area or section, other than between the hours of 7:00 A.M. and
6:00 P.M. on week days, except in case of urgent necessity in the interest
of public health and safety, and then only with a permit from the building
inspector granted for a period while the emergency continues not to
exceed thirty (30) days. If the building inspector should determine that
the public health and safety will not be impaired by the erection,
demolition, alteration, or repair of any building or the excavation of
streets and highways between the hours of 6:00 P.M. and 7:00 A.M., and
if he shall further determine that loss or inconvenience would result to
any party in interest through delay, he may grant permission for such
work to be done between the hours of 6:00 P.M. and 7:00 A.M. upon
application being made at the time the permit for the work is awarded or
during the process of the work.
(i)
Noises near schools, hospitals, churches, etc. The creation
of any excessive noise on any street adjacent to any hospital or adjacent
to any school, institution of learning, church, or court while the same is
in session.
(j)
Loading and unloading operations. The creation of any loud
and excessive noise in connection with the loading or unloading of any
vehicle or the opening and destruction of bales, boxes, crates, and other
containers.
(k)
Noises to attract attention. The use of any drum,
loudspeaker, or other instrument or device emitting noise for the purpose
of attracting attention to any performance, show, or sale or display of
merchandise.
11-7
(l)
Loudspeakers or amplifiers on vehicles. The use of
mechanical loudspeakers or amplifiers on trucks or other moving or
standing vehicles for advertising or other purposes.
(2)
Exceptions. None of the terms or prohibitions hereof shall apply
to or be enforced against:
(a)
Municipal vehicles. Any vehicle of the municipality while
engaged upon necessary public business.
(b)
Repair of streets, etc. Excavations or repairs of bridges,
streets, or highways at night, by or on behalf of the municipality, the
county, or the state, when the public welfare and convenience renders it
impracticable to perform such work during the day.
(c)
Noncommercial and nonprofit use of loudspeakers or
amplifiers. The reasonable use of amplifiers or loudspeakers in the
course of advertising functions sponsored by nonprofit organizations.
However, no such use shall be made until a permit therefor is secured
from the city clerk. Hours for the use of an amplifier or public address
system will be designated in the permit so issued and the use of such
systems shall be restricted to the hours so designated in the permit.
(3)
Loud sound amplification systems in vehicles.
(a)
No person operating or occupying a motor vehicle on a street,
highway, alley, parking lot, or driveway, whether public or private
property, shall operate or permit the operation of any sound amplification
system from within the vehicle so that the sound is plainly audible at a
distance of fifty (50) or more feet from the vehicle.
(b)
"Sound amplification system" means any radio, tape player,
compact disc player, loud speaker, or other electronic device used for the
amplification of sound.
(c)
"Plainly audible" means any sound produced by a sound
amplification system from within the vehicle, which clearly can be heard
at a distance of fifty (50) or more feet. Measurement standards shall be
by the auditory senses, based on direct line of sight. Words or phrases
need not be discernible and bass reverberations are included. The motor
vehicle may be stopped, standing, parked or moving on a street, highway,
alley, parking lot, or driveway on either public or private property.
(d)
It is an affirmative defense to a charge under this subsection
that the operator was not otherwise prohibited by law from operating the
sound amplification system, and that any of the following apply:
(i)
The system was being operated to request medical or
vehicular assistance or to warn of a hazardous road condition;
(ii)
The vehicle was an emergency or public safety
vehicle;
(iii) The vehicle was owned and operated by the City of
Fayetteville or a gas, electric, communications, or refuse company;
or
11-8
(iv) The system or vehicle was used in authorized public
activities, such as parades, fireworks, sporting events, musical
productions, and other activities which have the approval of the
board of mayor and aldermen or a department of the city
authorized to grant such approval.
(v)
The system was used in a public auction of real or
personal property held by a licensed auctioneer. (1979 Code,
§ 10-233)
11-9
CHAPTER 5
INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL
SECTION
11-501. Escape from custody or confinement.
11-502. [Deleted.]
11-503. [Deleted.]
11-504. [Deleted.]
11-505. Coercing people not to work.
11-501. Escape from custody or confinement. It shall be unlawful
for any person under arrest or otherwise in custody of or confined by the
municipality to escape or attempt to escape, or for any other person to assist or
encourage such person to escape or attempt to escape from such custody or
confinement. (1979 Code, § 10-209)
11-502. [Deleted.] (1979 Code, § 10-211, as deleted by Ord. #2007-41,
Dec. 2007)
Dec. 2007)
Dec. 2007)
11-505. Coercing people not to work. It shall be unlawful for any
person in association or agreement with any other person to assemble,
congregate, or meet together in the vicinity of any premises where other persons
are employed or reside for the purpose of inducing any such other person by
threats, coercion, intimidation, or acts of violence to quit or refrain from
entering a place of lawful employment. It is expressly not the purpose of this
section to prohibit peaceful picketing. (1979 Code, § 10-230)
11-10
CHAPTER 6
FIREARMS, WEAPONS AND MISSILES
SECTION
11-601. Air rifles, etc.
11-602. Throwing missiles.
11-603. Discharging firearms.
11-601. Air rifles, etc. It shall be unlawful for any person in the
municipality to discharge any air gun, air pistol, air rifle, "BB" gun, or sling shot
capable of discharging a metal bullet or pellet, whether propelled by spring,
compressed air, expanding gas, explosive, or other force-producing means or
method. (1979 Code, § 10-213)
11-602. Throwing missiles. It shall be unlawful for any person
maliciously to throw any stone, snowball, bottle, or any other missile upon or at
any vehicle, building, tree, or other public or private property or upon or at any
person. (1979 Code, § 10-214)
11-603. Discharging firearms.
No unauthorized person shall
discharge a firearm within the municipality except as hereinafter stated.
Firearms may be discharged on the public shooting range operated by the City
of Fayetteville on the land owned by the city and located south and east of the
recreational building. No one shall enter upon the designated range grounds or
fire a weapon thereon without a permit issued by the department of recreation.
Firearms, specifically and limited only to shotguns, may be discharged on
the certified trap and skeet range located on the property owned by Riverside
Christian Academy. Certification for the said trap and skeet range shall be
provided by the American Trap Association. (1979 Code, § 10-238, as amended
by Ord. #2006-3, Feb. 2006)
11-11
CHAPTER 7
TRESPASSING, MALICIOUS MISCHIEF AND INTERFERENCE
WITH TRAFFIC
SECTION
11-701. Trespassing.
11-702. Trespassing on trains.
11-703. Trespassing on public school grounds, parks, or recreational areas.
11-704. [Deleted.]
11-705. Interference with traffic.
11-701. Trespassing. It shall be unlawful for any person to enter or
remain in or upon the dwelling house, buildings, or improved or enclosed land
of another without right, after having been forbidden so to do by the person who
has the lawful control of said premises.
As used in this section a person may be "forbidden so to do" either
verbally or by notice posted or exhibited on said premises. (1979 Code, § 10-235)
11-702. Trespassing on trains. It shall be unlawful for any person to
climb, jump, step, stand upon, or cling to, or in any other way attach himself to
any locomotive engine or railroad car unless he works for the railroad
corporation and is acting the scope of his employment or unless he is a lawful
passenger or is otherwise lawfully entitled to be on such vehicle. (1979 Code,
§ 10-221)
11-703. Trespassing on public school grounds, parks, or
recreational areas. No person, except employees of the state, county, or local
governments while on duty, shall go or remain on public school grounds, public
parks, or public recreation areas between the hours of 11:00 P.M. and 5:00
o'clock A.M. unless attending an event scheduled by the school or recreational
board authorities. (1979 Code, § 10-237)
Dec. 2007)
11-705. Interference with traffic. It shall be unlawful for any person
to stand, sit, or engage in any activity whatever on any public street, sidewalk,
bridge, or public ground in such a manner as to prevent, obstruct, or interfere
unreasonably with the free passage of pedestrian or vehicular traffic thereon.
(1979 Code, § 10-232)
11-12
CHAPTER 8
MISCELLANEOUS
SECTION
11-801. [Deleted.]
11-802. Caves, wells, cisterns, etc.
11-803. Posting notices, etc.
11-804. Storage of propane tanks.
11-805. Prohibited sexual activity in establishments offering alcoholic
beverages.
11-806. Uncovering public water and sewer pipes.
Dec. 2007)
11-802. Caves, wells, cisterns, etc. It shall be unlawful for any person
to permit to be maintained on property owned or occupied by him any cave, well,
cistern, or other such opening in the ground which is dangerous to life and limb
without an adequate cover or safeguard. (1979 Code, § 10-231)
11-803. Posting notices, etc. No person shall fasten, in any way, any
show-card, poster, or other advertising device upon any public or private
property unless legally authorized to do so. (1979 Code, § 10-226)
11-804. Storage of propane tanks. It shall be unlawful for any person,
firm or corporation to store liquid propane gas containers on any outside storage
lot unless the same is enclosed by a six (6) foot chain-link fence and gate which
is kept securely locked so as to prevent unauthorized entry, and no such tanks
shall be stored in the city except in an industrial or C-2 commercial zone. (1979
Code, § 10-239)
11-805. Prohibited sexual activity in establishments offering
alcoholic beverages. (1) It shall be unlawful for any person to appear in any
place or establishment or the premises thereof wherein alcoholic beverages as
defined in §§ 8-102(1) and 8-201 of the Fayetteville Municipal Code are offered
for sale, and to publicly engage in the actual or simulated displaying of the pubic
hair, anus, buttocks, vulva, genitals or breasts below the top of the areola of any
person.
(2)
It shall be unlawful for any person to permit or allow another to
commit any of the acts specified in this section on or about the premises which
11-13
are owned, managed or operated by such person, or in which such person is
employed. (1979 Code, § 10-240)
11-806. Uncovering public water and sewer pipes. It shall be
unlawful for any person to dig up, uncover, disturb, or damage any public water
or sewer pipe. It shall also be unlawful for any person to fail to cover with
suitable material and within twenty-four (24) hours any public water or sewer
pipe which he has uncovered or caused to be uncovered upon being notified so
to do by the chief of police. (1979 Code, § 10-236)
11-14
CHAPTER 9
CURFEW REGULATIONS
SECTION
11-901. Short title.
11-903. Restrictions.
11-904. Exceptions.
11-905. Violations.
11-901. Short title. This chapter shall be known and may be cited as
the "Curfew Chapter." (1979 Code, § 10-301)
11-902. Definitions. For purposes of the curfew chapter the following
terms, phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular and words
in the singular number include the plural. The word "shall" is always
mandatory and not merely directory.
(1)
"City" is the City of Fayetteville, Tennessee.
(2)
"Minor" or "juvenile" is any unemancipated person under the age
of eighteen (18) years or, in equivalent phrasing often herein employed, any
person seventeen (17) or less years of age.
(3)
"Parent" is any person having legal custody of a minor:
(a)
As a natural or adoptive parent;
(b)
As a legal guardian; or
(c)
As a person to whom legal custody has been given by order
of the court.
(4)
"Remain" means to stay behind, to tarry and to stay unnecessarily
upon the streets.
(5)
"Street" is a way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel or in the case of
time, whether Central Standard Time or Central Daylight Saving Time,
generally observed at that hour by the public in the city.
(6)
"The Police Department" shall refer to the Police Department of the
City of Fayetteville. (1979 Code, § 10-302)
11-903. Restrictions. (1) It shall be unlawful for any minor under
eighteen (18) years of age to loiter or remain in or upon any public street,
highway, park, vacant lot or other public place within the city during period
ending at 5:00 A.M. and beginning at:
(a)
12:00 A.M. on Saturday and Sunday mornings, and
(b)
11:00 P.M. on Sunday night through Thursday night.
11-15
(2)
It shall further be unlawful for a parent of a minor to knowingly
permit or by inefficient control to allow such minor to be or remain upon any city
street under circumstances not constituting an exception to, or otherwise beyond
the scope of, the curfew chapter. The term "knowingly" includes knowledge
which a parent should reasonably be expected to have concerning the
whereabouts of a minor in that parent's legal custody. It is intended to continue
to keep neglectful or careless parents up to a reasonable community standard
of parental responsibility through an objective test. It shall be no defense that
a parent was completely indifferent to the activities or conduct or whereabouts
of such minor child.
(3)
It shall further be unlawful for any person, firm or corporation
operating or having charge of any public place to knowingly permit minors to
remain in their public place under circumstances not constituting an exception
to, or otherwise beyond the scope of the curfew chapter. (1979 Code, § 10-303)
11-904. Exceptions. The following shall constitute valid exceptions to
the operation of the curfew.
(1)
At any time, if a minor is accompanied by his or her parent or by
his/her spouse who is eighteen years of age or older;
(2)
When accompanied by an adult authorized by a parent of such
minor to take said parent's place in accompanying said minor for a designated
period or time and purpose within a specified area;
(3)
Until the hour of 12:30 A.M. if the minor is on an errand as
directed by his or her parent;
(4)
If the minor is legally employed, for the period from forty-five
minutes before to forty-five minutes after work, while going directly between his
or her home and place of employment. This exception shall also apply if the
minor is in a public place during curfew hours in the coarse of his or her
employment. To come within this exception, the minor must be carrying a
written statement of employment issued by employer pursuant to the
authorization of the chief of police to expire within ninety (90) days;
(5)
When returning home by a direct route from (and within thirty (30)
minutes of the termination of) a school activity or an activity of a religious or
other voluntary association, or a place of public entertainment, such as a movie,
play or sporting event. This exception will not apply beyond 1:30 A.M. if the
event is not commercial in nature or does not have a fixed, public known time
at which it will or does end, the sponsoring organization must register the event
with the Chief of Police of the City of Fayetteville (or his assigned
representative) at least 24 hours in advance, informing the police department
of the time such event is scheduled to begin, the place at which it shall be held,
the time at which it shall end and the name of the sponsoring organization;
(6)
In the case of reasonable necessity, but only after such minor's
parent has communicated to the police department personnel the facts
establishing such reasonable necessity relating to specified streets at a
11-16
designated time for a describe purpose including place or origin and destination.
A copy of such communication, or the police record thereof, duly certified by the
chief of police to be correct, an appropriate notation of the time it was received
and of the names and addresses of such parent and minor shall constitute
evidence of qualification under this exception;
(7)
When a minor is, with parental consent, in a motor vehicle
engaged, in bona fide interstate travel through the city. This also exempts all
interstate travel beginning or ending in the City of Fayetteville. (1979 Code,
§ 10-304)
11-905. Violations. (1) A police officer of the city who has probable
cause to believe that a minor is in violation of this chapter shall:
(a)
Ascertain the name and address of the minor and of the
minor's parents
(b)
Issue the minor a written warning that the minor is in
violation of this chapter;
(c)
Order the minor to go promptly home by a direct route; and
(d)
Notify or cause to be notified by mail the parent of said
minor of the curfew violation.
(2)
Notwithstanding paragraph (1)(a) of this section, a police officer
who has probable cause to believe that minor is in violation of this chapter, shall
transport the minor to the police department if:
(a)
The minor refuses to give the officer his/her correct name
and address; or
(b)
Fails to obey the order to go promptly home by a direct
route.
(c)
Fails to sign the citation stating his/her willingness to
appear in court as set out in (3)(a) hereafter.
(3)
A police officer of the city shall when the minor has received one
previous written warning for violation of this chapter:
(a)
Issue a citation for the minor to appear in juvenile court.
(b)
Notify or cause to be notified by mail or otherwise the parent
of said minor of the violation and the court time and date.
(4)
When a minor is taken to the police department, the minor's
parents shall be immediately contacted. If after this contact there is still
probable cause to believe that the minor was violating this chapter, the minor
shall be held until the parent comes to take the minor home. If no parent has
arrived within three hours, the minor shall be turned over to custody of the local
juvenile authorities until a parent can take custody of him or her.
(5)
Any minor violating the provision of this chapter shall be dealt
with in accordance with the juvenile court law and procedure. Any parent
violating this chapter shall be fined not more than five hundred dollars
($500.00) for each offense. (1979 Code, § 10-305)
11-17
CHAPTER 10
LITTERING
SECTION
11-1002. Litter in public and private places.
11-1003. Sweeping litter into gutters prohibited.
11-1004. Litter thrown by persons in vehicles.
11-1005. Owners to maintain premises free from litter.
11-1006. Violation notices.
11-1001. Definitions. For the purpose of this chapter, the following
words, terms and phrases shall have the following meanings:
(1)
"Litter" is paper, wrappings, cigarettes, cardboard, bottles, cans,
glass, yard clippings, leaves, wood, bedding, crockery and similar materials.
(2)
"Person" is any person, firm, partnership, association, company, or
organization of any kind. (1979 Code, § 8-701)
11-1002. Litter in public and private places. No person shall throw
or deposit litter in or upon any street, sidewalk or other public place within the
city, except in public trash receptacles, and no person shall throw or deposit
litter upon private property except in private receptacles for collection. (1979
Code, § 8-702)
11-1003. Sweeping litter into gutters prohibited. No person shall
sweep into or deposit in any gutter, street or other public place within the city
the accumulation of litter from any building or lot, or from any public or private
sidewalk or driveway. Persons owning or occupying business property shall
keep the public sidewalk in front of their premises free of litter. (1979 Code,
§ 8-703)
11-1004. Litter thrown by persons in vehicles. No person, while a
driver or a passenger in a vehicle, shall throw or deposit litter upon any street
or other public place within the city, or upon private property. (1979 Code,
§ 8-704)
11-1005. Owner to maintain premises free of litter. The owner or
person in control of any private property shall at all times maintain the
premises free of litter. Provided, however, that this section shall not prohibit
the storage of litter in private receptacles for collection. (1979 Code, § 8-705)
11-1006. Violation notices. The building official or his authorized
delegate is hereby authorized and empowered to notify the owner or person in
11-18
control of property, or the agent of such owner or person in control, of any
violation of the provisions of this chapter. Such notice shall be mailed to such
person's last known address. Provided, however, that failure to send any such
notice shall not prevent the invoking of any other penalty for violation of this
chapter. (1979 Code, § 8-706)
12-1
TITLE 12
BUILDING, UTILITY, ETC. CODES
CHAPTER
1. BUILDING CODE.
2. PLUMBING CODE.
3. ELECTRICAL CODE.
4. GAS CODE.
5. [REPEALED.]
6. MODEL ENERGY CODE.
7. [REPEALED.]
8. [REPEALED.]
9. MECHANICAL CODE.
10. LIFE SAFETY CODE.
11. EXISTING BUILDINGS CODE.
12. [REPEALED.]
13. PROPERTY MAINTENANCE CODE.
14. RESIDENTIAL CODE.
CHAPTER 1
BUILDING CODE1
SECTION
12-101. Building code adopted.
12-102. Modifications.
12-103. Available in clerk's office.
12-104. Construction near utilities.
12-105. Violations.
12-101. Building code adopted. (1) A certain document, two (2) copies
of which are on file in the office of the Building and Codes Department of City
of Fayetteville, being marked and designated as the International Building
1
Fire protection, fireworks, and explosives: title 7.
Planning and zoning: title 14.
Streets and other public ways and places: title 16.
Utilities and services: titles 18 and 19.
12-2
Code,1 2006 edition, including Appendix Chapters A, B, C, D, E, F, G, H, I, J,
and K, as published by the International Code Council, be and is hereby adopted
as the Building Code of the City of Fayetteville, in the State of Tennessee for
regulating and governing the conditions and maintenance of all property,
buildings and structures; by providing the standards for supplied utilities and
facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and the
condemnation of buildings and structures unfit for human occupancy and use
and the demolition of such structures as herein provided; providing for the
issuance of permits and collection of fees therefore; and each and all of the
regulations, provisions, penalties, conditions and terms of said building code on
file in the office of the City of Fayetteville are hereby referred to, adopted, and
made a part hereof, as if fully set out in this section, with the additions,
insertions, deletions and changes, if any, prescribed in subsection (2) of this
section.
(2)
The following sections are hereby revised:
Section 101.1. City of Fayetteville
Section 1612.3. September 19, 2007
Section 3410.2. April 6, 1964
(3)
Any new commercial structure of five thousand (5,000) square feet
or greater in area or additions or alteration to any commercial building or
structures with an improvement fifty (50%) or greater of the appraised tax value
shall comply with section 903.3.1 of the International Building Code. (1979
Code, § 4-101, modified, as replaced by Ord. #98-1, § 2, Feb. 1998; Ord. #2001-4,
March 2001, Ord. #2007-29, Oct. 2007 and Ord. #2008-3, Jan. 2008)
12-102. Modifications. (1) Appendix B of the building code is amended
as follows:
(A)
Strike "Recommended" where the same appears before
"Schedule of Permit Fees."
(B)
Strike the first two classifications for permit fees under B
101 and insert in lieu thereof the following:
$750 and less valuation - No fee
$750.00
to
$2,000.00
=
$10.00
$2,001.00
to
$3,000.00
=
$26.00
$3,001.00
to
$4,000.00
=
$32.00
$4,001.00
to
$5,000.00
=
$38.00
$5,001.00
to
$6,000.00
=
$44.00
$6,001.00
to
$7,000.00
=
$50.00
1
Copies of this code (and any amendments) may be purchased from the
International Code Council, 900 Montclair Road, Birmingham, Alabama 35123.
12-3
$7,001.00
$8,001.00
$9,001.00
$10,001.00
$11,001.00
$12,001.00
$13,001.00
$14,001.00
$15,001.00
$16,001.00
$17,001.00
$18,001.00
$19,001.00
$20,001.00
$21,001.00
$22,001.00
$23,001.00
$24,001.00
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
$8,000.00
$9,000.00
$10,000.00
$11,000.00
$12,000.00
$13,000.00
$14,000.00
$15,000.00
$16,000.00
$17,000.00
$18,000.00
$19,000.00
$20,000.00
$21,000.00
$22,000.00
$23,000.00
$24,000.00
$25,000.00
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
$56.00
$62.00
$68.00
$74.00
$80.00
$86.00
$92.00
$98.00
$103.00
$108.00
$113.00
$118.00
$123.00
$128.00
$133.00
$138.00
$143.00
$148.00
$25,001.00
$26,001.00
$27,001.00
$28,001.00
$29,001.00
$30,001.00
$31,001.00
$32,001.00
$33,001.00
$34,001.00
$35,001.00
$36,001.00
$37,001.00
$38,001.00
$39,001.00
$40,001.00
$41,001.00
$42,001.00
$43,001.00
$44,001.00
$45,001.00
$46,001.00
$47,001.00
$48,001.00
$49,001.00
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
$26,000.00
$27,000.00
$28,000.00
$29,000.00
$30,000.00
$31,000.00
$32,000.00
$33,000.00
$34,000.00
$35,000.00
$36,000.00
$37,000.00
$38,000.00
$39,000.00
$40,000.00
$41,000.00
$42,000.00
$43,000.00
$44,000.00
$45,000.00
$46,000.00
$47,000.00
$48,000.00
$49,000.00
$50,000.00
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
$153.00
$158.00
$163.00
$168.00
$173.00
$178.00
$183.00
$188.00
$193.00
$198.00
$203.00
$208.00
$213.00
$218.00
$223.00
$228.00
$233.00
$238.00
$243.00
$248.00
$253.00
$258.00
$263.00
$268.00
$273.00
12-4
$50,001.00 to
(C)
(D)
following:
$100,000.00
$273 plus $3.00 for
each additional $1000
$100,001.00
and above
$427 plus $1.00 for
each additional $1000
For new construction, permit fees shall be figured as
follows:
$88.03 per square foot multiplied by .004 per cent (%).
Add the following to B101 Permit fees:
"There shall be no charge for a permit issued to a
religious or non-profit corporation. Permit fees shall not be
charged for any remodeling or repair of an existing
residential or retail commercial building, not exceeding
$750.00 in cost, provided the permit is secured prior to the
time of commencement of the remodeling or repair.
Swimming pool permits shall be $200.00 for in-ground pools
and $100.00 for above-ground pools"
Strike the entire contents of Section B-102 and add the
"The fee for moving any building or structure shall be
$250.00."
(E)
Strike the entire contents of B-103 and add the following:
"Fee for demolition permits shall be $25.00."
(2)
Section 3108.2 of said building code is amended by adding thereto
the following:
"Portable Sign - means a sign illuminated or otherwise
constructed on a trailer or portable frame and designed to be
rented and frequently moved from location to location."
(3)
Section 3108.1.3 of said building code is amended by adding thereto
the following:
"3108.1.3.3 All portable signs shall be in operable condition
and shall be adequately maintained including but not limited to no
broken or bent legs or holes in the signs.'"(1979 Code, § 4-102, as
amended by Ord. #96-5, Feb. 1996, and Ord. #2006-8, June 2006)
12-103. Available in clerk's office. Pursuant to the requirements of
the Tennessee Code Annotated, § 6-54-502, one (1) copy of the building code has
been placed on file in the clerk's office and shall be kept there for the use and
inspection of the public. (1979 Code, § 4-103)
12-104. Construction near utilities. When any construction is to be
carried on near any of the city's utilities the contractor or other person
responsible for such construction shall notify the office of the utility concerned
of the time and place of such construction and shall keep that office informed as
to the progress of the construction until it is completed.
12-5
The contractor or other person carrying on such construction shall take
every precaution to protect the city's utility installations and shall, at his
expense, replace or repair to their original condition any utility installations
which he damages. He shall also pay for any gas or water loss occasioned.
(1979 Code, § 4-104)
12-105. Violations. It shall be unlawful for any person to violate or fail
to comply with any provision of this chapter or the building code as herein
adopted by reference and modified. (1979 Code, § 4-105)
12-6
CHAPTER 2
PLUMBING CODE1
SECTION
12-201. Plumbing code adopted.
12-202. [Repealed.]
12-203. [Repealed.]
12-201. Plumbing code adopted. (1) A certain document, two (2)
copies of which are on file in the office of the Building and Codes Department of
City of Fayetteville, being marked and designated as the International
Plumbing Code,2 2006 edition, including Appendix Chapters B, C, D, E, F, and
G as published by the International Code Council, be and is hereby adopted as
the Plumbing Code of the City of Fayetteville, in the State of Tennessee
regulating and governing the design, construction, quality of materials, erection,
installation, alteration, repair, location, relocation, replacement, addition to, use
or maintenance of plumbing systems as herein provided; providing for the
issuance of permits and collection of fees therefor; and each and all of the
regulations, provisions, penalties, conditions and terms of said plumbing code
on file in the office of the City of Fayetteville are hereby referred to, adopted,
and made a part hereof, as if fully set out in this section, with the additions,
section.
(2)
Section 106.6.2. Schedule of permit fees as adopted by
Mayor and Alderman of the City of
Fayetteville, Ordinance No. 2006-8.
Section 106.6.3. 75%, 50%
Section 108.5. $50.00, $50.00
Section 305.6.1. 4", 4"
1
2
Cross connections: title 18.
Street excavations: title 16.
Water and sewer system administration: title 18.
12-7
Section 904.1. 12" (1979 Code, § 4-201, modified; as
amended by Ord. #96-2, § 3, Jan. 1996; and replaced by Ord. #98-1, § 2, Feb.
1998, and Ord. #2007-36, Oct. 2007)
Oct. 2007)
Oct. 2007)
12-8
CHAPTER 3
ELECTRICAL CODE1
SECTION
12-301. Electrical code adopted.
12-302. [Repealed.]
12-303. [Repealed.]
12-304. [Repealed.]
12-305. [Repealed.]
12-306. [Repealed.]
12-301. Electrical code adopted. (1) A certain document, two (2)
City of Fayetteville, being marked and designated as the ICC Electrical
Code-Administrative Provisions, 2006 edition, as published by the International
Code Council, be and is hereby adopted as the electrical code of the City of
Fayetteville, in the State of Tennessee for regulating the design, construction,
quality of materials, erection, installation, alteration, repair, location, relocation,
replacement, addition to, use or maintenance of electrical systems as herein
provided; providing for the issuance of permits and collection of fees therefor;
and each and all of the regulations, provisions, penalties, conditions and terms
of said electrical code on file in the office of the City of Fayetteville are hereby
referred to, adopted, and made a part hereof, as if fully set out in this section,
with the additions, insertions, deletions and changes, if any, prescribed in
subsection (2) of this section.
(2)
Section 404.2. Schedule of permit fees as adopted by Mayor
and Alderman of the City of Fayetteville, Ordinance No.
2006-8. (1979 Code, § 4-301, modified, as replaced by
Ord. #2007-30, Oct. 2007)
12-302. [Repealed.] (1979 Code, § 4-302, modified, as repealed by
Ord. #2007-30, Oct. 2007)
Oct. 2007)
1
Fire protection, fireworks and explosives: title 7.
12-9
Oct. 2007)
Oct. 2007)
Oct. 2007)
12-10
CHAPTER 4
INTERNATIONAL FUEL GAS CODE1
SECTION
12-401. Fuel gas code adopted.
12-402. [Repealed.]
12-403. [Repealed.]
12-404. [Repealed.]
12-401. Fuel gas code adopted. (1) A certain document, two (2) copies
of which are on file in the office of the City Administrator of City of Fayetteville,
being marked and designated as the International Fuel Gas Code,2 2006 edition,
including Appendix Chapters A, B ,C and D as published by the International
Code Council, be and is hereby adopted as the Fuel Gas Code of the City of
Fayetteville, in the State of Tennessee for regulating and governing fuel gas
systems and gas-fired appliances as herein provided; providing for the issuance
of permits and collection of fees therefore; and each and all of the regulations,
provisions, penalties, conditions and terms of said fuel gas code on file in the
office of the City of Fayetteville are hereby referred to, adopted, and made a part
(2)
Mayor and Alderman of the City of Fayetteville, Ordinance
No. 2006-8.
Section 106.5.3.2. 75%
Section 106.5.3.3. 50%
Section 108.4. Code violation, $50.00 per day. (1979 Code,
§ 4-401, modified, as replaced by Ord. #98-1, § 3, Feb. 1998; Ord. #2001-4, March
2001, and Ord. #2007-34, Oct. 2007)
Oct. 2007)
1
2
Gas system administration: title 19, chapter 2.
12-11
Oct. 2007)
Oct. 2007)
12-12
CHAPTER 5
[REPEALED]
(as repealed by Ord. #2011-10, May 2011)
12-13
CHAPTER 6
MODEL ENERGY CODE1
SECTION
12-601. Model energy code adopted.
12-602. [Repealed.]
12-603. [Repealed.]
12-604. [Repealed.]
12-601. Model energy code adopted. (1) A certain document, two (2)
city of Fayetteville, being marked and designated as the International Energy
Conservation Code,2 2006 edition, as published by the International Code
Council, be and is hereby adopted as the energy conservation code of the City of
Fayetteville, in the State of Tennessee for regulating and governing energy
efficient building envelopes and installation of energy efficient mechanical,
lighting and power systems as herein provided; providing for the issuance of
permits and collection of fees therefor; and each and all of the regulations,
provisions, penalties, conditions and terms of said energy conservation code on
file in the office of the City of Fayetteville are hereby referred to, adopted, and
made a part hereof, as if fully set out in this section, with the additions,
section.
(2)
Section 101.1. City of Fayetteville. (as replaced by
Ord. #2007-33, Oct. 2007)
12-602. [Repealed.] (as repealed by Ord. #2007-33, Oct. 2007)
1
State law reference
Tennessee Code Annotated, § 13-19-106 requires Tennessee cities
either to adopt the Model Energy Code, 1992 edition, or to adopt local
standards equal to or stricter than the standards in the energy code.
Fire protection, fireworks, and explosives: title 7.
Planning and zoning: title 14.
Streets and other public ways and places: title 16.
Utilities and services: titles 18 and 19.
2
International Code Council, 900 Montclair Road, Birmingham, Alabama 35213..
12-14
12-15
CHAPTER 7
[REPEALED]
12-16
CHAPTER 8
[REPEALED]
12-17
CHAPTER 9
MECHANICAL CODE1
SECTION
12-901. Mechanical code adopted.
12-902. [Repealed.]
12-903. [Repealed.]
12-901. Mechanical code adopted. (1) A certain document, two (2)
Mechanical Code,2 2006 edition, including Appendix Chapters A and B, as
published by the International Code Council, be and is hereby adopted as the
mechanical code of the City of Fayetteville, in the State of Tennessee regulating
and governing the design, construction, quality of materials, erection,
installation, alteration, repair, location, relocation, replacement, addition to, use
or maintenance of mechanical systems as herein provided; providing for the
issuance of permits and collection of fees therefor; and each and all of the
regulations, provisions, penalties, conditions and terms of said mechanical code
on file in the office of the City of Fayetteville are hereby referred to, adopted,
and made a part hereof, as if fully set out in this section, with the additions,
section.
(2)
Mayor and Alderman of the City of Fayetteville, Ordinance
No. 2006-8
Section 106.5.3.2 75%
Section 106.5.3.3 50%
Section 108.5. $50.00, $50.00. (1979 Code, § 4-801, modified,
as replaced by Ord. #98-1, § 6, Feb. 1998, and Ord. #2007-35, Oct. 2007)
1
2
Street excavations: title 16.
12-18
Oct. 2007)
Oct. 2007)
12-19
CHAPTER 10
LIFE SAFETY CODE1
SECTION
12-1001. Life safety code adopted.
12-1002. Enforcing authority.
12-1001. Life safety code adopted. Pursuant to authority granted by
Tennessee Code Annotated, §§ 6-54-501 to 6-54-509, the Code For Safety to Life
From Fire in Buildings and Structures,2 2006 edition, as prepared by the
National Fire Protection Association is hereby adopted and incorporated by
reference as a part of this code. One (1) copy of said code shall be kept on file in
the clerk's office for public use, inspection and examination; provided, however,
section 24.3.5 Extinguishment Requirements as found on pages 101-221 through
101-222 of said "Life Safety Code" shall not be applicable to the City of
Fayetteville. (1979 Code, § 7-401, modified, as replaced by Ord. #98-11, § 1,
Nov. 1998, and Ord. #2001-4, March 2001, and amended by Ord. #2007-28, Oct.
2007, and Ord. #2010-04, Feb. 2010)
12-1002. Enforcing authority. The enforcing authority mentioned in
said code shall be the building official and the fire chief. (1979 Code, § 7-402, as
amended by Ord. #96-2, § 2, Jan. 1996, and Ord. #2007-28, Oct. 2007)
1
2
Fire code: title 7, chapter 2.
Copies of this code are available from the National Fire Protection
Association, Inc., 1 Batterymarch Park, Quincy, MA 02269-9101.
12-20
CHAPTER 11
EXISTING BUILDINGS CODE
SECTION
12-1101. Existing buildings code adopted.
12-1102. [Repealed.]
12-1101. Existing buildings code adopted. (1) A certain document,
two (2) copies of which are on file in the office of the Building and Codes
Department of City of Fayetteville, being marked and designated as the
International Existing Building Code,1 2006 edition, including Appendix
Chapters A and B, as published by the International Code Council, be and is
hereby adopted as the existing building code of the City of Fayetteville, in the
State of Tennessee for regulating and governing the repair, alteration, change
of occupancy, addition and relocation of existing buildings, including historic
buildings, as herein provided; providing for the issuance of permits and
collection offers therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said existing building code on file in the office
of the City of Fayetteville are hereby referred to, adopted, and made a part
(2)
Section 10l.l City of Fayetteville
Section 1301.2 April 6, 1964. (1979 Code, § 4-901, as
replaced by Ord. #98-1, § 4, Feb. 1998, and Ord. #2007-31, Oct. 2007)
12-1102. [Repealed.] (1979 Code, § 4-902, as repealed by Ord. #200731, Oct. 2007)
1
12-21
CHAPTER 12
[REPEALED]
12-22
CHAPTER 13
PROPERTY MAINTENANCE CODE
SECTION
12-1301. International property maintenance code adopted.
12-1301. International property maintenance code adopted.1
(1)
A certain document, two (2) copies of which are on file in the office
of the Building and Codes Department of City of Fayetteville, being marked and
designated as the International Property Maintenance Code, 2006 edition, as
published by the International Code Council, be and is hereby adopted as the
property maintenance code of the City of Fayetteville, in the State of Tennessee
for regulating and governing the conditions and maintenance of all property,
buildings and structures; by providing the standards for supplied utilities and
facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and the
condemnation of buildings and structures unfit for human occupancy and use,
and the demolition of such existing structures as herein provided; providing for
the issuance of permits and collection offers therefor; and each and all of the
regulations, provisions, penalties, conditions and terms of said property
maintenance code on file in the office of the City of Fayetteville are hereby
referred to, adopted, and made a part hereof, as if fully set out in this section,
with the additions, insertions, deletions and changes, if any, prescribed in
subsection (2) of this section.
(2)
Section 103.5. Schedule of permit fees as adopted by Mayor
and Alderman of the City of Fayetteville, Ordinance No.
2006-8.
Section 302.4. 12 inches
Section 304.14. October 16. 2007. until this ordinance is
repealed
Section 602.3. October 16. 2007. until this ordinance is
repealed
Section 602.4. October 16.2007. until this ordinance is
repealed. (as added by Ord. #2007-37, Oct. 2007)
1
12-23
CHAPTER 14
RESIDENTIAL CODE
SECTION
12-1014. Residential Code adopted.
12-1014. Residential Code adopted.1 (1) A certain document, two (2)
Residential Code, 2006 edition, including Appendix Chapters A, B, C, D, E, F,
G, H, I, J, K, M, N, O, Q (see International Residential Code section RI02.S,
2006 edition), as published by the International Code Council, be and is hereby
adopted as the residential code of the City of Fayetteville, in the State of
Tennessee for regulating and governing the consumption, alteration, movement,
enlargement, replacement, repair, equipment, location, removal and demolition
of detached one and two family dwellings and multiple single family dwellings
(townhouses) not more than three (3) stories in height with separate means of
egress as herein provided; providing for the issuance of permits and collection
of fees therefor; and each and all of the regulations, provisions, penalties,
conditions and terms of said residential code on file in the office of the City of
Fayetteville are hereby referred to, adopted, and made a part hereof, as if fully
set out in this section, with the additions, insertions, deletions and changes, if
any, prescribed in subsection (2) of this section.
(2)
Section R101.1. City of Fayetteville
Section P2603.6.l 4", 4" (as added by Ord. #2007-38, Oct.
2007, and replaced by Ord. #2008-2, Jan. 2008)
1
13-1
TITLE 13
PROPERTY MAINTENANCE REGULATIONS1
CHAPTER
1. MISCELLANEOUS.
2. MOSQUITOES.
3. DIRTY LOTS.
4. INOPERATIVE VEHICLES, ETC.
5. SLUM CLEARANCE
CHAPTER 1
MISCELLANEOUS
SECTION
13-101. Health officer.
13-102. Smoke, soot, cinders, etc.
13-103. Stagnant water.
13-104. Weeds.
13-105. Dead animals.
13-106. Health and sanitation nuisances.
13-107. House trailers.
13-101. Health officer. The "health officer" shall be such city, county,
or state officer as the board of mayor and aldermen shall appoint or designate
to administer and enforce health and sanitation regulations within the city.
(1979 Code, § 8-101)
13-102. Smoke, soot, cinders, etc. It shall be unlawful for any person
to permit or cause the escape of such quantities of dense smoke, soot, cinders,
noxious acids, fumes, or gases as to be detrimental to or to endanger the health,
comfort, and safety of the public or so as to cause or have a tendency to cause
injury or damage to property or business. (1979 Code, § 8-105)
13-103. Stagnant water. It shall be unlawful for any person to
knowingly allow any pool of stagnant water to accumulate and stand on his
property. (1979 Code, § 8-106)
1
Animal control: title 10.
Littering streets, etc.: § 16-107.
13-2
13-104. Weeds. Every owner or tenant of property shall periodically cut
the grass and other vegetation commonly recognized as weeds on his property,
and it shall be unlawful for any person to fail to comply with an order by the
judge or chief of police to cut such vegetation when it has reached a height of
over one (1) foot. (1979 Code, § 8-107)
13-105. Dead animals. Any person owning or having possession of any
dead animal not intended for use as food shall promptly bury the same or notify
the health officer and dispose of such animal in such manner as the health
officer shall direct. (1979 Code, § 8-108)
13-106. Health and sanitation nuisances. It shall be unlawful for any
person to permit any premises owned, occupied, or controlled by him to become
or remain in a filthy condition, or permit the use or occupation of same in such
a manner as to create noxious or offensive smells and odors in connection
therewith, or to allow the accumulation or creation of unwholesome and
offensive matter or the breeding of flies, rodents, or other vermin on the
premises to the menace of the public health or the annoyance of people residing
within the vicinity.
When any such prohibited condition comes to the attention of the judge
he shall order the person responsible therefor to remedy the situation within ten
(10) days. Should the condition not be remedied within the time specified in the
notice, the city clerk shall have the work done at city expense and the cost
thereof shall become a lien upon the property enforceable the same as
delinquent taxes. (1979 Code, § 8-109)
13-107. House trailers. It shall be unlawful for any person to park,
locate, or occupy any house trailer or portable building unless it complies with
all plumbing, electrical, sanitary, and building provisions applicable to
stationary structures and the proposed location conforms to the zoning
provisions of the city and unless a permit therefor shall have been first duly
issued by the building official, as provided for in the building code. (1979 Code,
§ 8-104)
13-3
CHAPTER 2
MOSQUITOES
SECTION
13-201. Breeding places to be treated.
13-202. Breeding places enumerated.
13-203. Methods of treatment.
13-204. Evidence of breeding.
13-205. Abatement by health officer at offender's expense.
13-206. Abatement by health officer at city's expense.
13-207. Permit, etc., required for fish pools.
13-208. Enforcement by health officer.
13-209. Police, etc., to cooperate with health officer.
13-201. Breeding places to be treated. It shall be unlawful for any
property owner, agent of such owner, tenant, sub-tenant, or other occupant of
any property or premises located within the corporate limits to have, keep,
maintain, cause or permit upon said property or premises any collection of
standing or flowing water in which mosquitoes breed, unless such water is
treated so as to effectively prevent such breeding. (1979 Code, § 8-601)
13-202. Breeding places enumerated. The collection of water
mentioned in § 13-201 shall be held to include that contained in ditches, pools,
ponds, excavations, holes, depressions, open cesspools, privy vaults, fountains,
cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs,
automobile bodies, buckets, defective house roof gutters, tanks of flush closets,
or other similar water containers. (1979 Code, § 8-602)
13-203. Methods of treatment. The method of treating collections of
water for the prevention of breeding mosquitoes shall be approved by the health
officer and may be any one of the following:
(1)
Screening with wire netting of at least sixteen (16) meshes to the
inch each way or with other material which will effectively prevent the ingress
or egress of mosquitoes.
(2)
Complete emptying and thorough drying or cleaning of unscreened
containers every seven (7) days.
(3)
Using a larvicide approved and applied under the directions of the
health officer.
(4)
Covering completely the surface of the water with kerosene,
petroleum or paraffin oil once every seven (7) days.
(5)
Cleaning and keeping sufficiently free of vegetable growth and
other obstructions and stocking with mosquito-destroying fish.
(6)
Filling or draining to the satisfaction of the health officer.
13-4
(7)
Removal or destruction of tin cans, tin boxes, broken or empty
bottles and similar articles likely to hold water. (1979 Code, § 8-603)
13-204. Evidence of breeding. The natural presence of mosquito
larvae in standing or running water shall be evidence that mosquitoes are
breeding there and that such water is being maintained in violation of this
chapter. (1979 Code, § 8-604)
13-205. Abatement by health officer at offender's expense. Should
any person or persons responsible for conditions giving rise to the breeding of
mosquitoes fail or refuse to take necessary measures to prevent the same, the
health officer, or his authorized agent is hereby authorized to do so, and all
necessary cost incurred by him for this purpose shall be a charge against the
property owner, or other person offending as the case may be. (1979 Code,
§ 8-605)
13-206. Abatement by health officer at city's expense. The health
officer or his representatives, if he deems it necessary, may immediately treat
or have treated at city expense any collection of standing or floating water in
which mosquitoes are found to be breeding on public or private property. (1979
Code, § 8-606)
13-207. Permit, etc., required for fish pools. It shall be unlawful for
any person to construct, possess, or maintain a fish pool within the corporate
limits, where malaria transmitting and pest mosquitoes may breed, without first
securing a permit from the health officer and thereafter maintaining or
continuing such fish pond or pool so as to at all times prevent the propagation
or breeding of such mosquitoes. (1979 Code, § 8-607)
13-208. Enforcement by health officer. For the purpose of enforcing
the provisions of this chapter, the health officer or his agent may at all
reasonable times enter in or upon any premises within the corporate limits and
order abatement of violations. It shall be unlawful for any person to fail to
comply with any such order of the health officer. (1979 Code, § 8-608)
13-209. Police, etc., to cooperate with health officer. It shall be the
duty of all policemen and the superintendent of water and streets of the city to
cooperate with the health officer in carrying out and seeing that the provisions
of this chapter are properly enforced. (1979 Code, § 8-609)
13-5
CHAPTER 3
DIRTY LOTS
SECTION
13-302. Declaration of nuisance.
13-303. Permitting accumulations of weeds, trash, rubbish, refuse, etc.,
unlawful.
13-304. Raking, piling of weeds and rubbish; placement.
13-305. Removal; notice.
13-306. Noncompliance; abatement at owner's expense; nonpayment.
13-307. Penalties.
13-301. Short title. This chapter may be cited as the dirty lot
ordinance. (1979 Code, § 8-801)
13-302. Declaration of nuisance. The existence within the corporate
limits of the City of Fayetteville of lots and parcels of land overgrown with
obnoxious weeds or burdened with accumulations of rubbish and refuse are
hereby declared to be a nuisance. (1979 Code, § 8-802)
13-303. Permitting accumulations of weeds, trash, rubbish,
refuse, etc., unlawful. (1) Except as set out in (3) hereof, it shall be unlawful
for any person owning, leasing, occupying or having control of property in the
city to permit or suffer weeds or other vegetation to grow and/or trash, rubbish
and refuse to accumulate on such property to such an extent that such a
nuisance is created injurious to the health and welfare of the inhabitants of the
city. Weeds which have attained a height of twelve (12) inches or more shall be
presumed to be detrimental to the public health and a public nuisance, which
presumption may be rebutted by competent evidence.
(2)
It shall also be unlawful for any person, occupant, or anyone having
supervision or control of any lot, tract, parcel of land or portion thereof, occupied
or unoccupied, improved or unimproved, within the city to suffer or permit
grass, weeds or any plant that is not cultivated to grow in rank profusion, or
otherwise, in, along, upon or across the sidewalk or street adjacent to same in
the area between the property line and the curbline, or within the area ten (10)
feet beyond the property line, to a height greater than twelve (12) inches on an
average.
(3)
Property owners owning no less than three acres and desiring to
cut the same for hay shall:
(a)
Cut and maintain the field around every side at the property
line for a width of no less than ten (10) feet. (This includes fences,
borders, trees and brush lines.)
13-6
(b)
Cut and maintain to the curbline or edge of the street in
accordance with subsection (2) above;
(c)
Cut the field at least three (3) times during cutting season
with cutting dates no later than June 1st first cutting, July 15th second
cutting and September 1st third cutting; and
(d)
Notify the building official of the address of the lot to be cut
for hay. (1979 Code, § 8-803)
13-304. Raking, piling of weeds and rubbish; placement. It shall be
unlawful for any person owning, leasing, occupying or having control of property
in the city to rake up, cut up or pile up said weeds, grass, brush, vegetation,
dead or broken tree limbs, dead trees or rubbish into any ditch or natural drain
or at any place on the property that might obstruct the vision of the operators
of vehicles or pedestrians or obstruct the flow of water drainage. (1979 Code,
§ 8-804)
13-305. Removal; notice. Upon failure of any owner of property within
the corporate limits of the city to cut or have cut such obnoxious growths of
weeds or other vegetation, or to remove or have removed such accumulations of
trash, rubbish and refuse as described in § 13-303, it shall be the duty of the
building official, or such other persons as are designated by the mayor, to serve
a notice on the owner, lessee, occupant or person having control of such
property, ordering said person or persons to cut or have cut such obnoxious
weeds and/or remove or have removed such accumulations of trash, rubbish and
refuse within five (5) days of the service of such notice. Such notice may be
served:
(1)
By personally serving the same on the owner, lessee, occupant, or
person having control of such property; or
(2)
By mailing the same to the last known address of such owner,
lessee, occupant, or person having control of such property by certified mail; or
(3)
By posting the same on the property on which such condition or
conditions exist.
Service of notice by any of the above methods shall be due notice within
the meaning of this article, provided however, that no owner out of possession
shall be liable to the penalty imposed by § 13-307 unless there shall be personal
service of such notice upon him, or such notice mailed to him by certified mail
as aforesaid. (1979 Code, § 8-805)
13-306. Noncompliance; abatement at owner's expense;
non-payment. If the owner or other person described in § 13-305 herein shall
fail to remedy such conditions within the time prescribed therein, unless an
appeal is made, the inspector shall certify such failure to the city administrator
who shall take such action as is necessary to remedy the conditions and abate
the nuisance. If City of Fayetteville employees and equipment are used in
13-7
abating the nuisance, the city administrator shall determine the reasonable cost
of the required inspections, recorded examinations, notifications, complaint
response, and movement of employees and equipment to and from the site in
establishing a base charge to which additional charges for equipment and
employee operating time shall be added to establish the total cost to be billed to
the owner. Upon failure of the owner to remit to the city the amount of such
charge within sixty (60) days from the date of such notice, a ten (10) percent
penalty shall be added and the total amount of the bill and the penalty shall be
certified by the city clerk and shall constitute a lien upon the property for which
the expenditure is made, which lien may be enforced by a suit in the Chancery
Court as are other tax liens of the city. The provisions of this section are not
exclusive but are cumulative and in addition to the penalties and requirements
of § 13-307, it being the intent of the council that the penalty provision of
§ 13-307 shall be in addition to the burden placed upon the owner of the
property set out in the provisions of this section. (1979 Code, § 8-807)
13-307. Penalties. Any person, firm or corporation violating the
provisions of this chapter shall be guilty of a misdemeanor and punishable by
a fine not less than twenty-five dollars ($25.00) or more than fifty dollars
($50.00) and each day's violation shall constitute a separate offense. (1979 Code,
§ 8-808)
13-8
CHAPTER 4
INOPERATIVE VEHICLES, ETC.
SECTION
13-402. Inoperative motor vehicles prohibited.
13-403. Nuisance.
13-404. Notice to owner to remove vehicle.
13-405. Removal by owner.
13-406. Removal by city.
13-407. Antique vehicles.
13-401. Definitions. (1) "Motor vehicle" - Every vehicle as herein
defined which is self-propelled or designed for self-propulsion. Any structure
designed, used, or maintained primarily to be loaded on or affixed to a motor
vehicle to provide a mobile dwelling, sleeping place, office, or commercial space,
shall be considered a part of a motor vehicle.
(2)
"Antique motor vehicle" - Every motor vehicle, as herein defined,
which was actually manufactured, or designated by the manufacturer as a
model manufactured in a calendar year not less than twenty-five years prior to
January one of each calendar year and is owned solely as a collector's item, and
is used for participation in club activities, exhibits, tours, parades, and similar
uses, but in no event used for general transportation.
(3)
"Semitrailer" - Every vehicle of the trailer type so designed and
used in conjunction with a motor vehicle that some part of its own weight and
that of its own load rests upon or is carried by another vehicle.
(4)
"Trailer" - Every vehicle without motive power designed for
carrying property or passengers wholly on its own structure and for being drawn
by a motor vehicle. (1979 Code, § 8-901)
13-402. Inoperative motor vehicles prohibited. It shall be unlawful
for any person, firm or corporation to keep, except within an enclosed building
or structure, on any property zoned for residential or commercial any motor
vehicle, trailer, or semitrailer, whose condition is such that it is economically
impractical to make them operative; provided, however, that the provisions of
this section shall not apply to a properly licensed business which on the date of
passage of this chapter is regularly engaged in business as an automobile dealer,
salvage dealer, or scrap processor. (1979 Code, § 8-902)
13-403. Nuisance. The accumulation and storage of one or more
inoperative vehicles and parts therefor on private property shall constitute
debris and a nuisance detrimental to the health, safety, and welfare of the
residents of the city. (1979 Code, § 8-903)
13-9
13-404. Notice to owner to remove vehicle. (1) If any officer of the
police department of the building officials finds any vehicle in violation of
§ 13-402, he shall make diligent search and inquiry to determine the record
owner of the land upon which the vehicle is located, and he shall notify said
owner in writing by mail at his last known mailing address that he has found
such violation and the nature thereof. He shall demand and it shall be the duty
of the record owner of such land to cause such vehicle to be removed from the
property forthwith and taken to an authorized place of storage.
(2)
The mailing of such notice shall be sufficient proof thereof and the
delivery of notice equivalent to mailing.
(3)
If the mailing address of the owner of the land upon which the
vehicle is located is not known and the land is unoccupied and the owner has no
agent in the City of Fayetteville, such notice shall be posted upon such land as
notice to the owner thereof. (1979 Code, § 8-904)
13-405. Removal by owner. The owner of the property on which the
same is stored or located or the owner of the vehicle or either of them shall
remove the vehicle within ten (10) days of the date of mailing or service of the
notice as provided in § 13-404. (1979 Code, § 8-905, as amended by Ord. #95-22,
Sept. 1995)
13-406. Removal by city. If the violation described in the notice has
not been remedied within ten (10) days after the mailing or serving thereof, then
the owner of the land on which the vehicle is located shall be deemed guilty of
a misdemeanor for maintaining a public nuisance. Each day that the offending
vehicle(s) is allowed to remain on the property after the passage of ten (10) days
shall constitute a separate violation. (1979 Code, § 8-906)
13-407. Antique vehicles. The provisions of this chapter shall not be
deemed to apply to antique vehicles, as defined herein, which are capable of
being repaired or restored, and the parts necessary for such repairing or
restoration; provided:
(1)
A bona fide effort is being made to repair or restore such vehicle;
and
(2)
Such vehicle and parts are covered so as to shield them from public
view, protect them from the weather and made them unsuitable as a hiding
place for snakes, rats, or vermin. Such shield shall be constructed of wood,
metal, masonry, or vegetative material which should be of such density as to
screen said automobile and automobile parts from public view and shall be
constructed and thereafter maintained in such a manner as not to create or
perpetuate neighborhood blight. (1979 Code, § 8-907)
13-10
CHAPTER 5
SLUM CLEARANCE
SECTION
13-502. Structures unfit for human occupation or use.
13-503. Procedures.
13-504. Conditions to be taken into consideration by the public officer.
13-505. Services of complaints or orders.
13-506. Power of public officer.
13-507. Powers in addition.
13-501. Definitions. As used in this part, unless the context otherwise
requires:
(1)
"Dwelling" means any building, structure, or part thereof, used and
occupied for human occupation or use or intended to be so used, and includes
any outhouses and appurtenances belonging thereto or usually enjoyed
therewith;
(2)
"Governing body" means the Board of Mayor and Aldermen of the
City of Fayetteville;
(3)
"Municipality" means the City of Fayetteville;
(4)
"Owner" means the holder of the title in fee simple and every
mortgagee of record;
(5)
"Parties of interest" means all individuals, associations,
corporations and others who have interests of record in a structure and any who
are in possession thereof;
(6)
"Place of public accommodation" means any building or structure
in which goods are supplied or services performed, or in which the trade of the
general public is solicited;
(7)
"Public authority" means any officer who is in charge of any
department or branch of the government of the municipality relating to health,
fire, building regulations or other activities concerning structures in the
municipality;
(8)
"Public officer" means the building official of the municipality, and
(9)
"Structure" means any dwelling, place of public accommodation,
vacant building or structure suitable as a dwelling or place of public
accommodation. (an added by Ord. #97-11 § 1, Dec. 1997)
13-502. Structures unfit for human occupation or use. Whenever
any public officer or authority in the municipality finds that there exists in the
City of Fayetteville structures which are unfit for human occupation or use due
to dilapidation, defects increasing the hazards of fire, accident or other
calamities, lack of ventilation, light or sanitary facilities, or due to other
13-11
conditions rendering such structures unsafe, unsanitary, dangerous or
detrimental to the health, safety, morals, or otherwise inimical to the welfare
of the residents of this municipality, such public officer or authority is hereby
authorized to exercise the police power of the municipality, to repair, close or
demolish the aforementioned structure in the manner herein provided. (as
added by Ord. #97-11, § 2, Dec. 1997)
13-503. Procedure. (1) Whenever a petition is filed with the public
officer by a public authority or by at least five (5) residents of the municipality
charging that any structure is unfit for human occupation or use, or whenever
it appears to the public officer on his own motion that any structure is unfit for
occupation or use, the public officer shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon the owner
of and parties in interest of such structure, a complaint stating the charges in
that respect and containing a notice that a hearing will be held before the public
officer (or the public officer's designated agent) at a place therein fixed, not less
than ten (10) days nor more than thirty (30) days after the serving of the
complaint.
(a)
The owner and parties in interest shall be given the right to
file an answer to the complaint and to appear in person, or otherwise, and
give testimony at the place and time fixed in the complaint; and
(b)
The rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the public officer;
(2)
If, after such notice and hearing, the public officer determines that
the structure under consideration is unfit for human occupation or use, he shall
state in writing his findings of fact in support of such determination and shall
issue and cause to be served upon the owner thereof an order which provides:
(a)
If the repair, alteration or improvement of the structure can
be made at a reasonable cost in relation to the value of the structure, the
owner, within the time specified in the order, shall repair, alter or
improve such structure to render it fit for human occupation or use or
shall vacate and close the structure as a place of human occupation or
use; or
(b)
If the repair, alteration or improvement of the structure
cannot be made at reasonable cost in relation to the value of the
structure, the owner, within the time specified in the order, shall remove
or demolish such structure;
(3)
If the owner fails to comply with an order to repair, alter, improve
or vacate and close the structure, the public officer may cause such structure to
be repaired, altered, improved, or vacated and closed; and may cause to be
posted on the main entrance of any structure so closed, a placard with the
following words: "This building is unfit for human occupation or use. The use
or occupation of this building for human occupation or use is prohibited and
unlawful";
13-12
(4)
If the owners fail to comply with an order to remove or demolish
the structure, the public officer may cause such structure to be removed or
demolished;
(5)
The amount of the cost of such repairs, alterations or
improvements, or vacating and closing, or removal or demotion by the public
officer shall be assessed against the owner of the property, and shall, upon the
filing of the notice with the office of the Register of Deeds of Lincoln County, be
a lien on the property in favor of the municipality, second only to liens of the
state, county and municipality for taxes, any lien of the municipality for special
assessments, and any valid lien, right or interest in such property duly recorded
or duly perfected by filing, prior to the filing of such notice. These costs shall be
collected by the municipal tax collector or county trustee at the same time and
in the same manner as property taxes are collected. If the owner fails to pay the
costs, they may be collected at the same time and in the same manner as
delinquent property taxes are collected and shall be subject to the same penalty
and interest as delinquent property taxes. In addition, the municipality may
collect the costs assessed against the owner through an action for debt filed in
any court of competent jurisdiction. The municipality may bring one (1) action
for debt against more than one (1) or all of the owners of properties against
whom said costs have been assessed. If the structure is removed or demolished
by the public officer, the public officer shall sell the materials of such structure
and shall credit the proceeds of such sale, if any, against the costs of the removal
or demolition, and any balance remaining shall be deposited in the chancery
court by the public officer, shall be secured in such manner as may be directed
by such court, and shall be disbursed by such court to the person found to be
entitled thereto by final order or decree of such court.
(6)
Nothing in this section shall be construed to impair or limit in any
way the power of the municipality to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise. (as added
by Ord. #97-11, § 3, Dec. 1997)
13-504. Conditions to be taken into consideration by the public
officer. The public officer may determine that a structure is unfit for human
occupation or use if he finds that conditions exist in such structure which are
dangerous or injurious to the health, safety or morals of the occupants of such
structure, the occupants of neighboring structures or other residents of the
municipality. Such conditions may include the following (without limiting the
generality or the foregoing): defects therein increasing the hazards of fire,
accident, or other calamities; lack of adequate ventilation, light, or sanitary
facilities; dilapidation; disrepair; structural defects; or uncleanliness. (as added
by Ord. #97-11, § 4, Dec. 1997)
13-505. Services of complaints or orders. Complaints or orders
issued by the public officer shall be served upon persons either personally or by
13-13
registered mail, but if the whereabouts of such persons are unknown and the
same cannot be ascertained by the public officer in the exercise of reasonable
diligence, and the public officer shall make an affidavit to that effect, then the
serving of such complaint or order upon such persons may be made by
publishing the same once each week for two (2) consecutive weeks in a
newspaper printed and published in the municipality, or in the absence of such
newspaper, in one printed and published in Lincoln County and circulating in
the municipality. A copy of such complaint or order shall be posted in a
conspicuous place on premises affected by the complaint or order. A copy of such
complaint or order shall also be filed for record in the register's office of the
county in which the structure is located, and such filing of the complaint or
order shall have the same force and effect as other lis pendens notices provided
by law. (as added by Ord. #97-11, § 5, Dec. 1997)
13-506. Power of public officer. The public officer shall exercise such
powers as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this chapter, including the following powers, in
addition to others herein granted, to:
(1)
investigate conditions in the municipality in order to determine
which structures therein are unfit for human occupation or use;
(2)
Administer oaths, affirmations, examine witnesses and receive
evidence;
(3)
Enter upon premises for the purpose of making examinations;
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
(4)
Appoint and fix the duties of such officers, agents and employees
as the public officer deems necessary to carry out the purposes of the chapter;
and
(5)
Delegate any of such public officer's functions and powers under
the chapter to such officers and agents as the public officer may designate. (as
added by Ord. #97-11, § 6, Dec. 1997)
13-507. Powers in addition. The powers conferred by this chapter are
in addition and supplementary to powers conferred by any other statues or
ordinance. (as added by Ord. #97-11, § 7, Dec. 1997)
14-1
TITLE 14
ZONING AND LAND USE CONTROL
CHAPTER
1. MUNICIPAL PLANNING COMMISSION.
2. ZONING ORDINANCE.
CHAPTER 1
MUNICIPAL PLANNING COMMISSION
SECTION
14-101. Creation and membership.
14-102. Organization, powers, duties, etc.
14-103. Additional powers.
14-101. Creation and membership. Pursuant to the provisions of
Tennessee Code Annotated, § 13-4-101 there is hereby created a municipal
planning commission, hereinafter referred to as the planning commission. The
planning commission shall consist of seven (7) members; two of these shall be
the mayor and another member of the governing body selected by the governing
body; the other five (5) members shall be appointed by the mayor. At least two
(2) members shall reside within the regional area but outside of the municipal
boundaries of the City of Fayetteville. Except for the initial appointments, the
terms of the five (5) members appointed by the mayor shall be for five (5) years
each. The five (5) members first appointed shall be appointed for terms of one,
two, three, four and five years respectively so that the term of one member
expires each year. The terms of the mayor and the member selected by the
governing body shall run concurrently their terms of office. Any vacancy in an
appointive membership shall be filled for the unexpired term by the mayor.
The mayor shall appoint a representative from any of the utilities serving
the city to be an advisory member of the planning commission. The term of said
utility member shall run concurrently with the term of the mayor.
Each regular member of the Fayetteville Regional Planning Commission
shall be paid the sum of $75.00 per month for their services on the board and the
chairman and secretary shall be paid an additional sum of $25.00 and $10.00
per month respectively for their services as such officers. (1979 Code, § 11-101,
as amended by Ord. #2007-39, Oct. 2007)
14-102. Organization, powers, duties, etc. The planning commission
shall be organized and shall carry out its powers, functions, and duties in
accordance with Tennessee Code Annotated, title 13. (1979 Code, § 11-102)
14-2
14-103. Additional powers. Having been designated as a regional
planning commission, the municipal planning commission shall have the
additional powers granted by, and shall otherwise be governed by the provisions
of the state law relating to regional planning commissions. (1979 Code,
§ 11-103)
14-3
CHAPTER 2
ZONING ORDINANCE
SECTION
14-201. Land use to be governed by zoning ordinance.
14-201. Land use to be governed by zoning ordinance. Land use
within the City of Fayetteville shall be governed by an Ordinance titled "Zoning
Ordinance, Fayetteville, Tennessee," and any amendments thereto.1
1
This ordinance adopted June 27, 1978, and any amendments thereto, are
published as separate documents and are of record in the office of the city clerk.
15-1
TITLE 15
MOTOR VEHICLES, TRAFFIC AND PARKING1
CHAPTER
1. MISCELLANEOUS.
2. EMERGENCY VEHICLES.
3. SPEED LIMITS.
4. TURNING MOVEMENTS.
5. STOPPING AND YIELDING.
6. PARKING.
7. ENFORCEMENT.
8. ROADBLOCKS.
CHAPTER 1
MISCELLANEOUS2
SECTION
15-101. Adoption of state statutes.
15-102. Driving on streets closed for repairs, etc.
15-103. [Deleted.]
15-104. One-way streets.
15-105. Unlaned streets.
15-106. Laned streets.
15-107. Yellow lines.
15-108. Miscellaneous traffic-control signs, etc.
15-109. Unauthorized traffic-control signs, etc.
15-110. Presumption with respect to traffic-control signs, etc.
15-111. School safety patrols.
1
Excavations and obstructions in streets, etc.: title 16.
2
State law references
Under Tennessee Code Annotated, § 55-10-307, the following offenses
are exclusively state offenses and must be tried in a state court or a
court having state jurisdiction: driving while intoxicated or drugged,
as prohibited by Tennessee Code Annotated, § 55-10-401; failing to
stop after a traffic accident, as prohibited by Tennessee Code
Annotated, § 55-10-101, et seq.; driving while license is suspended or
revoked, as prohibited by Tennessee Code Annotated, § 55-7-116; and
drag racing, as prohibited by Tennessee Code Annotated, § 55-10-501.
15-2
15-112.
15-113.
15-114.
15-115.
15-116.
15-117.
15-118.
15-119.
15-120.
15-121.
15-122.
15-123.
15-124.
15-125.
15-126.
Driving through funerals or other processions.
Clinging to vehicles in motion.
Riding on outside of vehicles.
Backing vehicles.
Projections from the rear of vehicles.
Causing unnecessary noise.
Vehicles and operators to be licensed.
Passing.
Damaging pavements.
Accidents.
Truck routes.
Loose material hauled in open truck bed.
Handicap parking spaces.
Duty to denote full time awareness and attention to operating vehicle.
Duty to drive at a safe speed, maintain proper lookout and keep vehicle
under control.
15-127. Compliance with financial responsibility law required.
15-101. Adoption of state statutes. By the authority granted under
Tennessee Code Annotated, § 16-18-302(a), the City of Fayetteville adopts by
reference as if fully set forth in this section, the "Rules of the Road," as codified
in Tennessee Code Annotated, §§ 55-8-101 through 55-8-131, and §§ 55-8-133
through 55-8-180. Additionally, the City of Fayetteville adopts Tennessee Code
Annotated, §§ 55-8-181 through 55-8-193, § 55-9-601 through 55-9-606 and
§ 55-12-139 by reference as if fully set forth in this section. (1979 Code, § 9-101,
as replaced by Ord. #2007-41, Dec. 2007)
15-102. Driving on streets closed for repairs, etc. Except for
necessary access to property abutting thereon, no motor vehicle shall be driven
upon any street that is barricaded or closed for repairs or other lawful purpose.
(1979 Code, § 9-106)
Dec. 2007)
15-104. One-way streets. On any street for one-way traffic with posted
signs indicating the authorized direction of travel at all intersections offering
access thereto, no person shall operate any vehicle except in the indicated
direction. (1979 Code, § 9-109)
15-105. Unlaned streets. (1) Upon all unlaned streets of sufficient
width, a vehicle shall be driven upon the right half of the street except:
(a)
When lawfully overtaking and passing another vehicle
proceeding in the same direction.
(b)
When the right half of a roadway is closed to traffic while
under construction or repair.
15-3
(c)
Upon a roadway designated and signposted by the city for
one-way traffic.
(2)
All vehicles proceeding at less than the normal speed of traffic at
the time and place and under the conditions then existing shall be driven as
close as practicable to the right hand curb or edge of the roadway, except when
overtaking and passing another vehicle proceeding in the same direction or
when preparing for a left turn. (1979 Code, § 9-110)
15-106. Laned streets. On streets marked with traffic lanes, it shall be
unlawful for the operator of any vehicle to fail or refuse to keep his vehicle
within the boundaries of the proper lane for his direction of travel except when
lawfully passing another vehicle or preparatory to making a lawful turning
movement.
On two (2) lane and three (3) lane streets, the proper lane for travel shall
be the right hand lane unless otherwise clearly marked. On streets with four
(4) or more lanes, either of the right hand lanes shall be available for use except
that traffic moving at less than the normal rate of speed shall use the extreme
right hand lane. On one-way streets either lane may be lawfully used in the
absence of markings to the contrary. (1979 Code, § 9-111)
15-107. Yellow lines. On streets with a yellow line placed to the right
of any lane line or center line, such yellow line shall designate a no-passing
zone, and no operator shall drive his vehicle or any part thereof across or to the
left of such yellow line except when necessary to make a lawful left turn from
such street. (1979 Code, § 9-112)
15-108. Miscellaneous traffic-control signs, etc.1 It shall be unlawful
for any pedestrian or the operator of any vehicle to violate or fail to comply with
any traffic-control sign, signal, marking, or device placed or erected by the state
or the municipality unless otherwise directed by a police officer.
It shall be unlawful for any pedestrian or the operator of any vehicle
willfully to violate or fail to comply with the reasonable directions of any police
officer. (1979 Code, § 9-113)
15-109. Unauthorized traffic-control signs, etc. No person shall
place, maintain, or display upon or in view of any street, any unauthorized sign,
signal, marking, or device which purports to be or is an imitation of or resembles
an official traffic-control sign, signal, marking, or device or railroad sign or
signal, or which attempts to control the movement of traffic or parking of
1
Stop signs, yield signs, flashing signals, pedestrian control signs,
traffic control signals generally: §§ 15-505--15-509.
15-4
vehicles, or which hides from view or interferes with the effectiveness of any
official traffic-control sign, signal, marking, or device or any railroad sign or
signal. (1979 Code, § 9-114)
15-110. Presumption with respect to traffic-control signs, etc.
When a traffic-control sign, signal, marking, or device has been placed, the
presumption shall be that it is official and that it has been lawfully placed by
the proper municipal authority. (1979 Code, § 9-115)
15-111. School safety patrols. All motorists and pedestrians shall obey
the directions or signals of school safety patrols when such patrols are assigned
under the authority of the chief of police and are acting in accordance with
instructions; provided, that such persons giving any order, signal, or direction
shall at the time be wearing some insignia and/or using authorized flags for
giving signals. (1979 Code, § 9-116)
15-112. Driving through funerals or other processions. (1) Unless
complying with the specific order of a law enforcement officer, it is unlawful for
the operator of a motor vehicle to knowingly:
(a)
Fail to yield the right of way to a properly identified funeral
procession progressing across an intersection in accordance with the
provisions of Tennessee Code Annotated, § 55-8-183(a)(1);
(b)
While following a properly identified funeral procession
along a two lane street, road or highway, pass or attempt to pass a
properly identified funeral procession; or
(c)
Drive or attempt to drive between the vehicles within a
properly identified funeral procession.
(2)
Each violation of this subsection is punishable by a civil penalty not
to exceed fifty dollars ($50.00).
(3)
For purposes of this subsection, to be "properly identified" funeral
procession, such procession must be indicated by a flashing amber light and an
auditory signaling device mounted on the lead vehicle or by other properly
identified escort and a flag or other appropriate marking device on each vehicle
in the procession indicating that such vehicle is part of the funeral procession.
(1979 Code, § 9-117, as replaced by Ord. #2001-2, Feb. 2001)
15-113. Clinging to vehicles in motion. It shall be unlawful for any
person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, or any
other vehicle to cling to, or attach himself or his vehicle to any other moving
vehicle upon any street, alley, or other public way or place.
It shall be unlawful for any person to roller skate on any public street.
(1979 Code, § 9-119)
15-5
15-114. Riding on outside of vehicles. It shall be unlawful for any
person to ride, or for the owner or operator of any motor vehicle being operated
on a street, alley, or other public way or place, to permit any person to ride on
any portion of such vehicle not designed or intended for the use of passengers.
This section shall not apply to persons engaged in the necessary discharge of
lawful duties nor to persons riding in the load-carrying space of trucks. (1979
Code, § 9-120)
15-115. Backing vehicles. The driver of a vehicle shall not back the
same unless such movement can be made with reasonable safety and without
interfering with other traffic. (1979 Code, § 9-121)
15-116. Projections from the rear of vehicles. Whenever the load or
any projecting portion of any vehicle shall extend beyond the rear of the bed or
body thereof, the operator shall display at the end of such load or projection, in
such position as to be clearly visible from the rear of such vehicle, a red flag
being not less than twelve (12) inches square. Between one-half (½) hour after
sunset and one-half (½) hour before sunrise, there shall be displayed in place of
the flag a red light plainly visible under normal atmospheric conditions at least
two hundred (200) feet from the rear of such vehicle. (1979 Code, § 9-122)
15-117. Causing unnecessary noise. It shall be unlawful for any
person to cause unnecessary noise by unnecessarily sounding the horn, "racing"
the motor, or causing the "screeching" or "squealing" of the tires on any motor
vehicle. (1979 Code, § 9-123)
15-118. Vehicles and operators to be licensed. It shall be unlawful
for any person to operate a motor vehicle in violation of the "Tennessee Motor
Vehicle Title and Registration Law" or the "Uniform Motor Vehicle Operators'
and Chauffeurs' License Law."
Any police officer may stop the operator of any motor vehicle for the
purpose of determining whether or not there is compliance with the
requirements of this section. (1979 Code, § 9-124)
15-119. Passing. Except when overtaking and passing on the right is
permitted, the driver of a vehicle passing another vehicle proceeding in the same
direction shall pass to the left thereof at a safe distance and shall not again
drive to the right side of the street until safely clear of the overtaken vehicle.
The driver of the overtaken vehicle shall give way to the right in favor of the
overtaking vehicle on audible signal and shall not increase the speed of his
vehicle until completely passed by the overtaking vehicle.
When the street is wide enough, the driver of a vehicle may overtake and
pass upon the right of another vehicle which is making or about to make a left
turn.
15-6
The driver of a vehicle may overtake and pass another vehicle proceeding
in the same direction either upon the left or upon the right on a street of
sufficient width for four (4) or more lanes of moving traffic when such movement
can be made in safety.
No person shall drive off the pavement or upon the shoulder of the street
in overtaking or passing on the right.
When any vehicle has stopped at a marked crosswalk or at an intersection
to permit another vehicle or pedestrian to cross the street, no operator of any
other vehicle approaching from the rear shall overtake and pass such stopped
vehicle.
No vehicle operator shall attempt to pass another vehicle proceeding in
the same direction unless he can see that the way ahead is sufficiently clear and
unobstructed to enable him to make the movement in safety. (1979 Code,
§ 9-125)
15-120. Damaging pavements. No person shall operate upon any
street of the municipality any vehicle, motor propelled or otherwise, which by
reason of its weight or the character of its wheels or track is likely to damage
the surface or foundation of the street. (1979 Code, § 9-118)
15-121. Accidents. The operator of any vehicle involved in an accident
resulting in injury to any person or damage to any vehicle or other property
shall immediately stop at the scene of such accident. Upon request he shall give
his name, address and vehicle registration number and shall exhibit his
operator's or chauffeur's license to the person injured or owning the property
damaged.
If the owner of any vehicle or other property damaged is not available or
known the operator shall leave in a conspicuous place on the property damaged
a notice of the accident and shall leave his name and address and that of the
owner of the vehicle he is driving.
When there is an injury to any person or property damage amounting to
one hundred dollars ($100.00) or more immediate notice of such accident shall
be given to the police department. (1979 Code, § 9-126)
15-122. Truck routes. It shall be unlawful, except where reasonably
necessary to make a service call or delivery, for any vehicle, trailer or
combination thereof except a gooseneck trailer with a gross vehicular weight
rating in excess of fifteen thousand (15,000) pounds to occupy or travel on any
portion of the streets of the City of Fayetteville except for the following
described truck routes.
15-7
WEST BOUND US64/SR15
Trucks traveling to points South US273 shall exit left on Thornton-Taylor
Parkway (SR15, US64 By-Pass), thence in a Westerly direction, thence
exit left US 64/SR15, thence in a Southerly direction, thence exit left on
SR273.
Trucks traveling to points West on US 64 shall exit left on
Thornton-Taylor Parkway (SR15/US64 By-Pass), thence in a Westerly
direction, left US64/SR15.
Trucks traveling to points North on US431/SR273 exit left on
Thornton-Taylor Parkway (SR15/US64 By-Pass), thence West along
Thornton-Taylor Parkway, thence exit right on US431/SR273, and in a
Northern direction.
Trucks traveling to points South on US431/231/SR10 shall exit left on
Thornton-Taylor Parkway (SR15/US64 By-Pass), thence West along
Thornton-Taylor Parkway, thence exit left on US431/231/SR10, and in a
Southern direction.
Trucks traveling to points West on Hwy 110 - shall exit left on
Thornton-Taylor Parkway (SR15/US64 By-Pass), thence Southern
direction, thence exit right on State Route 110.
EAST BOUND US64/STATE ROUTE 15
Trucks traveling to points East on US64/SR15, shall exit right on Wilson
Parkway (SR15/US64 By-Pass), thence in Easterly direction, thence exit
right on US64/State Route 15, thence in an Easterly direction.
Trucks traveling to points North on US231/SR10, shall exit right on
Wilson Parkway (SR15/US64 By-Pass), thence in an Easterly direction,
thence exit right on US231/State Route 10, thence in a Northern
direction.
Trucks traveling to points North on SR50 shall exit right on Wilson
Parkway (State Route 15/US64 By-Pass), thence in an Easterly direction,
thence exit right on US64/SR15, thence in an Easterly direction on
US64/SR15, thence left on SR50 in a Northerly direction.
Trucks traveling to points North on US431/SR273 shall exit right on
Wilson Parkway SR15/US64 By-Pass, thence in an Easterly direction,
thence exit left on US431/SR273, thence in a Northerly direction.
15-8
Trucks traveling to points South on US431/231/SR10 shall exit right on
thence exit right on US431/231/SR10 and continue in a Southerly
direction.
Trucks traveling to points West on State Route 110, shall exit right on
thence exit right on US431/SR10, and continue in a Southerly direction,
thence exit right on State Route 110, and continue in a Southwestern
direction.
NORTH BOUND US431/STATE ROUTE 10
Trucks traveling to points North on US431/State Route 273, shall
continue in a Northerly direction.
Trucks traveling to points East on US64/SR15, shall exit right at
Thornton-Taylor Parkway (SR15/US64 By-Pass), thence in an Easterly
direction, thence exit right on US64/SR15.
Trucks traveling to points East on Hwy 50 North, shall (use above), then
add... thence in an Easterly direction, thence exit left on State Route 50.
Trucks traveling to points North on US231/SR10, shall exit right at
Thornton-Taylor Parkway (SR15/US64 By-Pass), thence in an easterly
direction, thence exit right on US231/State Route 10.
Trucks traveling to points West on US64/SR15, shall exit left at
direction, thence left on US64/SR15.
Trucks traveling to points 273 South, shall exit left a Thornton-Taylor
Parkway (SR15/US64 By-Pass), thence continue in a Westerly direction,
exit left on State Route 273.
SOUTH BOUND US431/STATE ROUTE 50 NORTH
Trucks traveling to points South on US431/SR273, shall continue in a
Southerly direction, thence, exit right SR110.
Trucks traveling to points South SR110, shall continue in a Southerly
direction, thence exist right SR110.
15-9
Trucks traveling to points East on US64/SR15 shall exit left at
direction, thence exit right on US64/SR15.
Trucks traveling in points East on Hwy 50 shall exit left at
direction, thence exit left on SR50.
Trucks traveling to points North on US231/SR10 shall exit left at
Thornton-Taylor (SR15/US64 By-Pass), thence in an Easterly direction,
thence exit right on US231/SR10.
Trucks traveling to points West on US64/SR15, shall exit right at
direction, thence exit left on US64/State Route 15.
Trucks traveling to points South SR273, shall exit right at
Thornton-Taylor Parkway (SR15/US64 By-Pass), thence, continue in a
Westerly direction, exit left on State Route 273.
SOUTH BOUND US231/SR10
Trucks traveling to points East on US64/SR15, shall exit left on
Thornton-Taylor Parkway (US64 By-Pass/SR10), thence in a Westerly
direction, thence exit left on US64/SR15, and continue in an Easterly
direction.
Trucks traveling to points North on SR50 shall exit left on
direction, thence exit left on US64/SR10, thence in a Westerly direction,
thence exit left on US64/SR15 in an Easterly direction, thence exit left on
SR50.
Trucks traveling to points North on US431/SR273, shall exit left on
Thornton-Taylor Parkway (US64 By-Pass/SR10) thence in a Westerly
direction, thence exit right on US431/SR273, and continue in a Northerly
direction.
Trucks traveling to points South on US431/231/SR10, shall exit left on
direction, thence exit left on US431/231/SR10.
Trucks traveling to points West on SR110 shall exit left on
15-10
direction, thence, exit left on US431/231/SR10 and continue in a
Southerly direction, thence exit right on SR110.
Trucks traveling to points West on US64/SR15, shall exit left on
direction, thence exit left on USD64/SR15.
Trucks traveling to points West SR273, shall exit left on Thornton-Taylor
Parkway (US64 By-Pass/SR10), continue in a Westerly direction, thence
exit left on SR273. (1979 Code, § 9-127)
15-123. Loose material hauled in open truck bed. Any truck, or
other motor vehicle, with an open bed which is operated on any highway, road,
or street open for public use in this city shall be loaded so that any loose
material transported therein remains at least four (4) inches below the walls of
such open bed, measured at the front, back, and sidewalls, but such load may
be piled higher in the center of such open bed. Loose material includes any
substance which could spill, drop off, or blow away from the open bed when the
vehicle is operated. Loose material shall not include materials such as sand or
salt which are purposely discharged from truck beds to clear roadways or
improve traction. As used in this section the term "hauler" shall include both
the owner and the driver of a vehicle and both parties shall be jointly liable.
(1979 Code, § 9-128)
15-124. Handicap parking spaces. All handicap parking spaces
hereinafter marked off or repainted shall be no less than 13.5 feet in width.
(1979 Code, § 9-129)
15-125. Duty to devote full time awareness and attention to
operating vehicle. It shall be unlawful for a driver of a vehicle to fail to devote
full awareness and attention to operating such vehicle when such failure, under
the conditions that then exist, endangers life, limb or property. (as added by
Ord. #2001-3, Feb. 2001)
15-126. Duty to drive at a safe speed, maintain proper lookout
and keep vehicle under control. Notwithstanding any speed limit or zone
in effect at the time or right of way rules that may be applicable, every driver
of a vehicle shall, under the conditions that then exist:
(1)
Operate the vehicle at a safe speed;
(2)
Maintain a proper lookout; and
(3)
Use due care to keep the vehicle under control, and it shall be
unlawful for a driver to fail to perform any or all of these measures. (as added
by Ord. #2001-3, Feb. 2001)
15-10.1
15-127. Compliance with financial responsibility law required.
(1)
Every vehicle operated within the corporate limits must be in
compliance with the financial responsibility law.
(2)
At the time the driver of a motor vehicle is charged with any
moving violation under title 55, chapters 8 and 10, parts 1-5, chapter 50; any
provision in this title of this municipal code; or at the time of an accident for
which notice is required under Tennessee Code Annotated, § 55-10-106, the
officer shall request evidence of financial responsibility as required by this
section. In case of an accident for which notice is required under Tennessee
Code Annotated, § 55-10-106, the officer shall request such evidence from all
drivers involved in the accident, without regard to apparent or actual fault.
(3)
For the purposes of this section, "financial responsibility" means:
(a)
Documentation, such as the declaration page of an insurance
policy, an insurance binder, or an insurance card from an insurance
company authorized to do business in Tennessee, stating that a policy of
insurance meeting the requirements of the Tennessee Financial
Responsibility Law of 1977, compiled in Tennessee Code Annotated,
chapter 12, title 55, has been issued;
(b)
A certificate, valid for one (1) year, issued by the
commissioner of safety, stating that a cash deposit or bond in the amount
required by the Tennessee Financial Responsibility Law of 1977, compiled
in Tennessee Code Annotated, chapter 12, title 55, has been paid or filed
with the commissioner, or has qualified as a self-insurer under Tennessee
Code Annotated, § 55-12-111; or
(c)
The motor vehicle being operated at the time of the violation
was owned by a carrier subject to the jurisdiction of the department of
safety or the interstate commerce commission, or was owned by the
United States, the State of Tennessee or any political subdivision thereof,
and that such motor vehicle was being operated with the owner’s consent.
(4)
Civil offense. It is a civil offense to fail to provide evidence of
financial responsibility pursuant to this section. Any violation of this section is
punishable by a civil penalty of up to fifty dollars ($50.00). The civil penalty
prescribed by this section shall be in addition to any other penalty prescribed by
the laws of this state or by the city’s municipal code of ordinances.
(5)
Evidence of compliance after violation. On or before the court date,
the person charged with a violation of this section may submit evidence of
compliance with this section in effect at the time of the violation. If the court is
satisfied that compliance was in effect at the time of the violation, the charge of
failure to provide evidence of financial responsibility may be dismissed. (as
added by Ord. #2002-2, Feb. 2002)
15-11
CHAPTER 2
EMERGENCY VEHICLES
SECTION
15-201. Authorized emergency vehicles defined.
15-202. Operation of authorized emergency vehicles.
15-203. Following emergency vehicles.
15-204. Running over fire hoses, etc.
15-201. Authorized emergency vehicles defined.
Authorized
emergency vehicles shall be fire department vehicles, police vehicles, and such
ambulances and other emergency vehicles as are designated by the chief of
police. (1979 Code, § 9-102)
15-202. Operation of authorized emergency vehicles.1 (1) The
driver of an authorized emergency vehicle, when responding to an emergency
call, or when in the pursuit of an actual or suspected violator of the law, or when
responding to but not upon returning from a fire alarm, may exercise the
privileges set forth in this section, subject to the conditions herein stated.
(2)
The driver of an authorized emergency vehicle may park or stand,
irrespective of the provisions of this title; proceed past a red or stop signal or
stop sign, but only after slowing down to ascertain that the intersection is clear;
exceed the maximum speed limit and disregard regulations governing direction
of movement or turning in specified directions so long as he does not endanger
life or property.
(3)
The exemptions herein granted for an authorized emergency
vehicle shall apply only when the driver of any such vehicle while in motion
sounds an audible signal by bell, siren, or exhaust whistle and when the vehicle
is equipped with at least one (1) lighted lamp displaying a red light visible under
normal atmospheric conditions from a distance of 500 feet to the front of such
vehicle, except that an authorized emergency vehicle operated as a police vehicle
need not be equipped with or display a red light visible from in front of the
vehicle.
(4)
The foregoing provisions shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the
safety of all persons, nor shall such provisions protect the driver from the
consequences of his reckless disregard for the safety of others. (1979 Code,
§ 9-103)
1
Operation of other vehicle upon the approach of emergency vehicles:
§ 15-501.
15-12
15-203. Following emergency vehicles. No driver of any vehicle shall
follow any authorized emergency vehicle apparently travelling in response to an
emergency call closer than five hundred (500) feet or drive or park such vehicle
within the block where fire apparatus has stopped in answer to a fire alarm.
(1979 Code, § 9-104)
15-204. Running over fire hoses, etc. It shall be unlawful for any
person to drive over any hose lines or other equipment of the fire department
except in obedience to the direction of a fireman or policeman. (1979 Code,
§ 9-105)
15-13
CHAPTER 3
SPEED LIMITS
SECTION
15-301. In general.
15-302. At intersections.
15-303. In school zones.
15-304. In congested areas.
15-301. In general. It shall be unlawful for any person to operate or
drive a motor vehicle upon any highway or street at a rate of speed in excess of
thirty (30) miles per hour except where official signs have been posted indicating
other speed limits, in which cases the posted speed limit shall apply. (1979
Code, § 9-201)
15-302. At intersections. It shall be unlawful for any person to operate
or drive a motor vehicle through any intersection at a rate of speed in excess of
fifteen (15) miles per hour unless such person is driving on a street regulated by
traffic-control signals or signs which require traffic to stop or yield on the
intersecting streets. (1979 Code, § 9-202)
15-303. In school zones. Generally, pursuant to Tennessee Code
Annotated, § 55-8-153, special speed limits in school zones shall be enacted
based on an engineering investigation; shall not be less than fifteen (15) miles
per hour; and shall be in effect only when proper signs are posted with a
warning flasher or flashers in operation. It shall be unlawful for any person to
violate any such special speed limit enacted and in effect in accordance with this
paragraph.
When the governing body has not established special speed limits as
provided for above, any person who shall drive at a speed exceeding fifteen (15)
miles per hour when passing a school during a recess period when a warning
flasher or flashers are in operation, or during a period of forty (40) minutes
before the opening hour of a school or a period of forty (40) minutes after the
closing hour of a school, while children are actually going to or leaving school,
shall be prima facie guilty of reckless driving. (1979 Code, § 9-203)
15-304. In congested areas. It shall be unlawful for any person to
operate or drive a motor vehicle through any congested area at a rate of speed
in excess of any posted speed limit when such speed limit has been posted by
authority of the municipality. (1979 Code, § 9-204)
15-14
CHAPTER 4
TURNING MOVEMENTS
SECTION
15-401. Generally.
15-402. Right turns.
15-403. Left turns on two-way roadways.
15-404. Left turns on other than two-way roadways.
15-405. U-turns.
15-401. Generally. No person operating a motor vehicle shall make any
turning movement which might affect any pedestrian or the operation of any
other vehicle without first ascertaining that such movement can be made in
safety and signaling his intention in accordance with the requirements of the
state law.1 (1979 Code, § 9-301)
15-402. Right turns. Both the approach for a right turn and a right
turn shall be made as close as practicable to the right hand curb or edge of the
roadway. (1979 Code, § 9-302)
15-403. Left turns on two-way roadways. At any intersection where
traffic is permitted to move in both directions on each roadway entering the
intersection, an approach for a left turn shall be made in that portion of the
right half of the roadway nearest the center line thereof and by passing to the
right of the intersection of the center line of the two roadways. (1979 Code,
§ 9-303)
15-404. Left turns on other than two-way roadways. At any
intersection where traffic is restricted to one direction on one or more of the
roadways, the driver of a vehicle intending to turn left at any such intersection
shall approach the intersection in the extreme left hand lane lawfully available
to traffic moving in the direction of travel of such vehicle and after entering the
intersection the left turn shall be made so as to leave the intersection, as nearly
as practicable, in the left hand lane lawfully available to traffic moving in such
direction upon the roadway being entered. (1979 Code, § 9-304)
15-405. U-turns. U-turns are prohibited except where permitted by
posted signs or where the vehicle making the U-turn can be seen by the driver
of any other vehicle approaching from either direction within five hundred feet
(500'). (1979 Code, § 9-305)
1
State law reference
15-15
CHAPTER 5
STOPPING AND YIELDING
SECTION
15-501. Upon approach of authorized emergency vehicles.
15-502. When emerging from alleys, etc.
15-503. To prevent obstructing an intersection.
15-504. At railroad crossings.
15-505. At "stop" signs.
15-506. At "yield" signs.
15-507. At traffic-control signals generally.
15-508. At flashing traffic-control signals.
15-509. At pedestrian control signals.
15-510. Stops to be signaled.
15-501. Upon approach of authorized emergency vehicles.1 Upon
the immediate approach of an authorized emergency vehicle making use of
audible and/or visual signals meeting the requirements of the laws of this state,
or of a police vehicle properly and lawfully making use of an audible signal only,
the driver of every other vehicle shall immediately drive to a position parallel
to, and as close as possible to, the right hand edge or curb of the roadway clear
of any intersection and shall stop and remain in such position until the
authorized emergency vehicle has passed, except when otherwise directed by a
police officer. (1979 Code, § 9-401)
15-502. When emerging from alleys, etc. The drivers of all vehicles
emerging from alleys, parking lots, driveways, or buildings shall stop such
vehicles immediately prior to driving onto any sidewalk or street. They shall not
proceed to drive onto the sidewalk or street until they can safely do so without
colliding or interfering with approaching pedestrians or vehicles. (1979 Code,
§ 9-402)
15-503. To prevent obstructing an intersection. No driver shall
enter any intersection or marked crosswalk unless there is sufficient space on
the other side of such intersection or crosswalk to accommodate the vehicle he
is operating without obstructing the passage of traffic in or on the intersecting
street or crosswalk. This provision shall be effective notwithstanding any
traffic-control signal indication to proceed. (1979 Code, § 9-403)
1
Special privileges of emergency vehicles: title 15, chapter 2.
15-16
15-504. At railroad crossings. Any driver of a vehicle approaching a
railroad grade crossing shall stop within not less than fifteen (15) feet from the
nearest rail of such railroad and shall not proceed further while any of the
following conditions exist:
(1)
A clearly visible electrical or mechanical signal device gives
warning of the approach of a railroad train.
(2)
A crossing gate is lowered or a human flagman signals the
approach of a railroad train.
(3)
A railroad train is approaching within approximately fifteen
hundred (1500) feet of the highway crossing and is emitting an audible signal
indicating its approach.
(4)
An approaching railroad train is plainly visible and is in hazardous
proximity to the crossing. (1979 Code, § 9-404)
15-505. At "stop" signs. The driver of a vehicle facing a "stop" sign shall
bring his vehicle to a complete stop immediately before entering the crosswalk
on the near side of the intersection or, if there is no crosswalk, then immediately
before entering the intersection, and shall remain standing until he can proceed
through the intersection in safety. (1979 Code, § 9-405)
15-506. At "yield" signs. The drivers of all vehicles shall yield the right
of way to approaching vehicles before proceeding at all places where "yield"
signs have been posted. (1979 Code, § 9-406)
15-507. At traffic-control signals generally. Traffic-control signals
exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored
lights successively one at a time, or with arrows, shall show the following colors
only and shall apply to drivers of vehicles and pedestrians as follows:
(1)
Green alone, or "Go":
(a)
Vehicular traffic facing the signal may proceed straight
through or turn right or left unless a sign at such place prohibits such
turn. But vehicular traffic, including vehicles turning right or left, shall
yield the right-of-way to other vehicles and to pedestrians lawfully within
the intersection or an adjacent crosswalk at the time such signal is
exhibited.
(b)
Pedestrians facing the signal may proceed across the
roadway within any marked or unmarked crosswalk.
(2)
Steady yellow alone, or "Caution":
(a)
Vehicular traffic facing the signal is thereby warned that the
red or "Stop" signal will be exhibited immediately thereafter, and such
vehicular traffic shall not enter or be crossing the intersection when the
red or "Stop" signal is exhibited.
(b)
Pedestrians facing such signal shall not enter the roadway
unless authorized so to do by a pedestrian "Walk" signal.
15-17
(3)
Steady red alone, or "Stop":
(a)
Vehicular traffic facing the signal shall stop before entering
the crosswalk on the near side of the intersection or, if none, then before
entering the intersection and shall remain standing until green or "Go"
is shown alone. Provided, however, that a right turn on a red signal shall
be permitted at all intersections within the city, provided that the
prospective turning car comes to a full and complete stop before turning
and that the turning car yields the right of way to pedestrians and cross
traffic traveling in accordance with their traffic signal. However, said
turn will not endanger other traffic lawfully using said intersection. A
right turn on red shall be permitted at all intersections except those
clearly marked by a "No Turns On Red" sign, which may be erected by the
city at intersections which the city decides require no right turns on red
in the interest of traffic safety.
(b)
(4)
Steady red with green arrow:
(a)
Vehicular traffic facing such signal may cautiously enter the
intersection only to make the movement indicated by such arrow but
shall yield the right-of-way to pedestrians lawfully within a crosswalk
and to other traffic lawfully using the intersection.
(b)
(5)
In the event an official traffic-control signal is erected and
maintained at a place other than an intersection, the provisions of this section
shall be applicable except as to those provisions which by their nature can have
no application. Any stop required shall be made at a sign or marking on the
pavement indicating where the stop shall be made, but in the absence of any
such sign or marking the stop shall be made a vehicle length short of the signal.
(1979 Code, § 9-407)
15-508. At flashing traffic-control signals. (1) Whenever an
illuminated flashing red or yellow signal is used in a traffic sign or signal placed
or erected by the municipality it shall require obedience by vehicular traffic as
follows:
(a)
Flashing red (stop signal). When a red lens is illuminated
with intermittent flashes, drivers of vehicles shall stop before entering
the nearest crosswalk at an intersection or at a limit line when marked,
or if none, then before entering the intersection, and the right to proceed
shall be subject to the rules applicable after making a stop at a stop sign.
(b)
Flashing yellow (caution signal). When a yellow lens is
illuminated with intermittent flashes, drivers of vehicles may proceed
through the intersection or past such signal only with caution.
15-18
(2)
This section shall not apply at railroad grade crossings. Conduct
of drivers of vehicles approaching railroad grade crossings shall be governed by
the rules set forth in § 15-504 of this code. (1979 Code, § 9-408)
15-509. At pedestrian control signals. Wherever special pedestrian
control signals exhibiting the words "Walk" or "Wait" or "Don't Walk" have been
placed or erected by the municipality, such signals shall apply as follows:
(1)
Walk. Pedestrians facing such signal may proceed across the
roadway in the direction of the signal and shall be given the right-of-way by the
drivers of all vehicles.
(2)
Wait or Don't Walk. No pedestrian shall start to cross the roadway
in the direction of such signal, but any pedestrian who has partially completed
his crossing on the walk signal shall proceed to the nearest sidewalk or safety
zone while the wait signal is showing. (1979 Code, § 9-409)
15-510. Stops to be signaled. No person operating a motor vehicle
shall stop such vehicle, whether in obedience to a traffic sign or signal or
otherwise, without first signaling his intention in accordance with the
requirements of the state law,1 except in an emergency. (1979 Code, § 9-410)
1
State law reference
15-19
CHAPTER 6
PARKING
SECTION
15-601. Generally.
15-602. Angle parking.
15-603. Occupancy of more than one space.
15-604. Where prohibited.
15-605. Loading and unloading zones.
15-606. Consent to markings.
15-607. Unlawful to interfere with officer.
15-608. Presumption with respect to illegal parking.
15-609. Loading zone regulations.
15-601. Generally. No person shall leave any motor vehicle unattended
on any street without first setting the brakes thereon, stopping the motor,
removing the ignition key, and turning the front wheels of such vehicle toward
the nearest curb or gutter of the street.
Except as hereinafter provided, every vehicle parked upon a street within
this municipality shall be so parked that its right wheels are approximately
parallel to and within eighteen (18) inches of the right edge or curb of the street.
On one-way streets where the municipality has not placed signs prohibiting the
same, vehicles may be permitted to park on the left side of the street, and in
such cases the left wheels shall be required to be within eighteen (18) inches of
the left edge or curb of the street.
Notwithstanding anything else in this code to the contrary, no person
shall park or leave a vehicle parked on any public street or alley within the fire
limits between the hours of 1:00 A.M. and 5:00 A.M. or on any other public
street or alley for more than seventy-two (72) consecutive hours without the
prior approval of the chief of police.
Furthermore, no person shall wash, grease, or work on any vehicle, except
to make repairs necessitated by an emergency, while such vehicle is parked on
a public street. (1979 Code, § 9-501)
15-602. Angle parking. On those streets which have been signed or
marked by the municipality for angle parking, no person shall park or stand a
vehicle other than at the angle indicated by such signs or markings. No person
shall angle park any vehicle which has a trailer attached thereto or which has
a length in excess of twenty-four (24) feet. (1979 Code, § 9-502)
15-603. Occupancy of more than one space. No person shall park a
vehicle in any designated parking space so that any part of such vehicle occupies
more than one such space or protrudes beyond the official markings on the
15-20
street or curb designating such space unless the vehicle is too large to be parked
within a single designated space. (1979 Code, § 9-503)
15-604. Where prohibited. No person shall park a vehicle in violation
of any sign placed or erected by the municipality, nor:
(1)
On a sidewalk.
(2)
In front of a public or private driveway.
(3)
Within an intersection or within fifteen (15) feet thereof.
(4)
Within fifteen (15) feet of a fire hydrant.
(5)
Within a pedestrian crosswalk.
(6)
Within fifty (50) feet of a railroad crossing.
(7)
Within twenty (20) feet of the driveway entrance to any fire station,
and on the side of the street opposite the entrance to any fire station within
seventy-five (75) feet of the entrance.
(8)
Alongside or opposite any street excavation or obstruction when
other traffic would be obstructed.
(9)
On the roadway side of any vehicle stopped or parked at the edge
or curb of a street.
(10) Upon any bridge.
(11) Alongside any curb painted yellow or red by the municipality.
(1979 Code, § 9-504)
15-605. Loading and unloading zones. No person shall park a vehicle
for any purpose or period of time other than for the expeditious loading or
unloading of passengers or merchandise in any place marked by the
municipality as a loading and unloading zone. (1979 Code, § 9-505)
15-606. Consent to markings. Any person parking a vehicle in a
parking space marked and set aside as such on the public square and streets of
Fayetteville impliedly consents to the marking of the vehicle's tires with chalk
for purposes of enforcing the parking ordinances and regulations of the city.
(1979 Code, § 9-506)
15-607. Unlawful to interfere with officer. It shall be unlawful for
any person to interfere with a police officer in marking said vehicle's tires
mentioned in § 15-606 above or to erase the chalk marks until such time as the
vehicle has been moved from the parking space where its tires were marked.
(1979 Code, § 9-507)
15-608. Presumption with respect to illegal parking. When any
unoccupied vehicle is found parked in violation of any provision of this chapter,
there shall be a prima facie presumption that the registered owner of the vehicle
is responsible for such illegal parking. (1979 Code, § 9-508)
15-21
15-609. Loading zone regulations. The city administrator with the
approval of the police and fire committee shall have the right to adopt
regulations concerning loading zone of vehicles on the public streets of the city,
the removal by towing of same, the issuance of loading zone permits, and the
cost thereof. A list of said regulations shall be on file at the municipal building
and shall be open to public inspection during reasonable business hours. Signs
shall be posted informing the public of no loading zone or limited loading zone
areas. (1979 Code, § 9-509)
15-22
CHAPTER 7
ENFORCEMENT
SECTION
15-701. Issuance of traffic citations.
15-702. Failure to obey citation.
15-703. Illegal parking.
15-704. Impoundment of vehicles.
15-705. Violation and penalty.
15-701. Issuance of traffic citations.1 When a police officer halts a
traffic violator other than for the purpose of giving a warning, and does not take
such person into custody under arrest, he shall take the name, address, and
operator's license number of said person, the license number of the motor vehicle
involved, and such other pertinent information as may be necessary, and shall
issue to him a written traffic citation containing a notice to answer to the charge
against him in the city court at a specified time. The officer, upon receiving the
written promise of the alleged violator to answer as specified in the citation,
shall release such person from custody.
It shall be unlawful for any alleged violator to give false or misleading
information as to his name or address. (1979 Code, § 9-602)
15-702. Failure to obey citation. It shall be unlawful for any person
to violate his written promise to appear in court after giving said promise to an
officer upon the issuance of a traffic citation, regardless of the disposition of the
charge for which the citation was originally issued. (1979 Code, § 9-603)
15-703. Illegal parking. Whenever any motor vehicle without a driver
is found parked or stopped in violation of any of the restrictions imposed by this
code, the officer finding such vehicle shall take its license number and may take
any other information displayed on the vehicle which may identify its user, and
shall conspicuously affix to such vehicle a citation for the driver and/or owner
to answer for the violation within ten (10) days during the hours and at a place
specified in the citation. (1979 Code, § 9-604, modified)
15-704. Impoundment of vehicles. Members of the police department
are hereby authorized, when reasonably necessary to prevent obstruction of
traffic, to remove from the streets and impound any vehicle whose operator is
arrested, or any vehicle which is illegally parked, abandoned, or otherwise
parked so as to constitute an obstruction or hazard to normal traffic. Any
vehicle left parked on any street or alley for more than seventy-two (72)
1
State law reference
Tennessee Code Annotated, § 7-63-101, et seq.
15-23
consecutive hours without permission from the chief of police shall be presumed
to have been abandoned if the owner cannot be located after a reasonable
investigation. Such an impounded vehicle shall be stored until the owner claims
it, gives satisfactory evidence of ownership, and pays all applicable fines and
costs. The fee for impounding a vehicle shall be twenty dollars ($20.00) and a
storage cost of two dollars ($2.00) per day shall also be charged. (1979 Code,
§ 9-601)
15-705. Violation and penalty. Any violation of this title shall be a
civil offense punishable as follows:
(1)
Traffic citations. Traffic citations shall be punishable by a civil
penalty up to fifty and no/100 ($50.00) dollars for each separate offense.
(2)
Parking violations. For parking violations, the offender may waive
his/her right to a judicial hearing and have the charges disposed of out of court
but the fines shall be ten and no/100 ($10.00) dollars within ten days and fifteen
and no/100 ($15.00) dollars thereafter. (1979 Code, § 9-604, as replaced by Ord.
#2002-7, June 2002)
15-24
CHAPTER 8
ROADBLOCKS
SECTION
15-801. Roadblocks.
15-801. Roadblocks. No one shall hold a roadblock for the solicitation
of contributions on the streets of Fayetteville except organizations that:
(1)
Secure a permit from the chief of police who shall issue no more
than two in any one month or a total of eighteen in any calendar year.
Organizations may make applications for permits in the twelfth month prior to
the issuance of the permit.
(2)
Operate the roadblock only between the hours of 9:00 a.m. and
12:00 (noon) with persons fourteen (14) years of age or older at no more than
four (4) intersections.
(3)
Require the solicitors to wear bright, high visibility clothing or
vests prescribed by the chief of police.
(4)
Require solicitors, including all street sale vendors which term
shall include newsboys, who operate within the legal rights of way inside the
limits of the City of Fayetteville, to wear bright, high visibility clothing or
bright, high visibility vests, prescribed by the chief of police.
(5)
Require organizations that desire to hold a roadblock for the
solicitation of contributions to secure a permit from the chief of police as set out
in 15-801(1) and the chief of police shall issue a permit after following the
criteria as set out in the Fayetteville Municipal Code in chapter 3, Charitable
Solicitors section 9-302. If the chief of police denies such permit, the appeal
procedure set out in 9-303 may be followed. (as added by Ord. #95-12, June
1995, and amended by Ord. #96-20, Dec. 1996; and further amended by Ord.
#99-5, Nov. 1999)
16-1
TITLE 16
STREETS AND SIDEWALKS, ETC1
CHAPTER
1. MISCELLANEOUS.
2. EXCAVATIONS AND CUTS.
CHAPTER 1
MISCELLANEOUS
SECTION
16-101. Obstructing streets, alleys, or sidewalks prohibited.
16-102. Trees projecting over streets, etc., regulated.
16-103. Trees, etc., obstructing view at intersections prohibited.
16-104. Projecting signs and awnings, etc., restricted.
16-105. Banners and signs across streets and alleys restricted.
16-106. Gates or doors opening over streets, alleys, or sidewalks prohibited.
16-107. Obstruction of drainage ditches.
16-108. Parades and assemblies regulated.
16-109. Animals and vehicles on sidewalks.
16-110. Property numbers.
16-111. Shrubbery, trees, or hedges on right-of-way.
16-101. Obstructing streets, alleys, or sidewalks prohibited. No person
shall use or occupy any portion of any public street or alley for the purpose of
storing, selling, or exhibiting any goods, wares, merchandise, or materials or
washing or servicing vehicles except in an emergency.
No person shall use or occupy any portion of any sidewalk or right-of-way
for the purpose of storing, selling or exhibiting any goods, wares, merchandise,
or materials except that merchants having a business license may use that
portion of the sidewalk or right-of-way lying between any building they own or
rent and the street for such purposes so long as such use will not substantially
impede the flow of pedestrian traffic. (1979 Code, § 12-101)
16-102. Trees projecting over streets, etc., regulated. It shall be
unlawful for any property owner or occupant to allow any limbs of trees on his
property to project out over any street, alley, or sidewalk at a height of less than
fourteen (14) feet. (1979 Code, § 12-102)
1
Related motor vehicle and traffic regulations: title 15.
16-2
16-103. Trees, etc., obstructing view at intersections prohibited. It shall
be unlawful for any property owner or occupant to have or maintain on his
property any tree, hedge, billboard, or other obstruction which prevents persons
driving vehicles on public streets or alleys from obtaining a clear view of traffic
when approaching an intersection. (1979 Code, § 12-103)
16-104. Projecting signs and awnings, etc., restricted. Signs, awnings,
or other structures which project over any street or other public way shall be
erected subject to the requirements of the building code.1 (1979 Code, § 12-105)
16-105. Banners and signs across streets and alleys restricted. It shall
be unlawful for any person to place or have placed any banner or sign across any
public street or alley except when expressly authorized by the board of mayor
and aldermen. (1979 Code, § 12-106)
16-106. Gates or doors opening over streets, alleys, or sidewalks
prohibited. It shall be unlawful for any person owning or occupying property to
allow any gate or door to swing open upon or over any street, alley, or sidewalk.
(1979 Code, § 12-107)
16-107. Obstruction of drainage ditches. It shall be unlawful for any
person to permit or cause the obstruction of any drainage ditch in any public
right of way. (1979 Code, § 12-109)
16-108. Parades and assemblies regulated. It shall be unlawful for any
club, organization, or similar group to hold any meeting, parade, demonstration,
or exhibition on the public streets without some responsible representative first
securing a permit from the chief of police. No permit shall be issued by the chief
of police unless such activity will not unreasonably interfere with traffic and
unless such representative shall agree to see to the immediate cleaning up of all
litter which shall be left on the streets as a result of the activity. Furthermore,
it shall be unlawful for any person obtaining such a permit to fail to carry out
his agreement to clean up the resulting litter immediately.
It shall be unlawful for any group or assembly of persons whose standing,
remaining, or congregating upon any public street or sidewalk in the City of
Fayetteville shall obstruct, prevent, or interfere with the free or unobstructed
use of said street or sidewalk by other persons, to fail or refuse to move on or to
disperse upon being ordered to do so by any police officer of the City of
Fayetteville or other peace officer.
1
Building code: title 12, chapter 1.
16-3
It shall be unlawful for any person, group, or assembly of persons whose
standing, remaining, or congregating at or upon any entrance, alcove, or steps
leading from a public street or sidewalk to the entrance or exit of any public or
private building or structure in the City of Fayetteville shall obstruct, prevent,
or interfere with the free or unobstructed use of said entrance or exit, or of the
street or sidewalk adjacent thereto, by other persons, to fail or refuse to move
on or to disperse upon being ordered to do so by any police officer of the City of
Fayetteville or other peace officer. (1979 Code, § 12-111)
16-109. Animals and vehicles on sidewalks. It shall be unlawful for any
person to ride, lead, or tie any animal, or ride, push, pull, or place any vehicle
across or upon any sidewalk in such manner as unreasonably to interfere with
or inconvenience pedestrians using the sidewalk. It shall also be unlawful for
any person knowingly to allow any minor under his control to violate this
section. (1979 Code, § 12-113)
16-110. Property numbers. There is hereby adopted by reference and
assigned to the property and residences in the City of Fayetteville the property
numbers contained in the "Telephone Street Guide and Household Directory,"
pages 75 to 115, inclusive, of the 1963 City Directory for Fayetteville,
Tennessee, three copies of which are on file in the city clerk's office for the use
and inspection of the public.
All existing numbers of property not now in conformity with the
provisions of this section shall be changed to conform to the provisions herein
adopted within twenty (20) days from the date of the passage of this provision.
The city clerk shall be responsible for maintaining the numbering system
and shall assign new numbers to property within the city not hereinabove
numbered.
If the owner or occupant of any property required to be numbered by this
section shall neglect for a period of twenty (20) days to duly attach and maintain
the proper number on such property, the city clerk shall serve upon him a notice
requiring such owner or occupant to number the same properly and if he
neglects to do so for a period of ten (10) days after the service of such notice, he
shall be deemed to have violated this section. (1979 Code, § 12-114)
16-111. Shrubbery, trees, or hedges on right-of-way. No person on the
public right-of-way shall plant or maintain shrubbery, trees or hedges without
permission of the city, which permission shall be evidenced by a permit issued
by the building official only after determining that said shrubbery, trees or
hedges will not obstruct the vision of persons using driveways, alleys or public
streets. Said permission may be revoked at any time by the building official on
15 days' notice and no person shall acquire any property rights by virtue of said
permit. (1979 Code, § 12-115)
16-4
CHAPTER 2
EXCAVATIONS AND CUTS1
SECTION
16-202. Applications.
16-203. Fee.
16-204. Deposit or bond.
16-205. Manner of excavating--barricades and lights--temporary sidewalks.
16-206. Restoration of streets, etc.
16-207. Insurance.
16-208. Time limits.
16-209. Supervision.
16-210. Driveway curb cuts.
16-201. Permit required. It shall be unlawful for any person, firm,
corporation, association, or others, to make any excavation in any street, alley,
or public place, or to tunnel under any street, alley, or public place without
having first obtained a permit as herein required, and without complying with
the provisions of this chapter; and it shall also be unlawful to violate, or vary
from, the terms of any such permit; provided, however, any person maintaining
pipes, lines, or other underground facilities in or under the surface of any street
may proceed with an opening without a permit when emergency circumstances
demand the work to be done immediately and a permit cannot reasonably and
practicably be obtained beforehand. The person shall thereafter apply for a
permit on the first regular business day on which the office of the city clerk is
open for business, and said permit shall be retroactive to the date when the
work was begun. (1979 Code, § 12-201)
16-202. Applications. Applications for such permits shall be made to the
city clerk, or such person as he may designate to receive such applications, and
shall state thereon the location of the intended excavation or tunnel, the size
thereof, the purpose thereof, the person, firm, corporation, association, or others
doing the actual excavating, the name of the person, firm, corporation,
association, or others for whom the work is being done, and shall contain an
agreement that the applicant will comply with all ordinances and laws relating
1
State law reference
This chapter was patterned substantially after the ordinance upheld
by the Tennessee Supreme Court in the case of City of Paris,
Tennessee v. Paris-Henry County Public Utility District, 207 Tenn.
388, 340 S.W.2d 885 (1960).
16-5
to the work to be done. Such application shall be rejected or approved by the
city clerk within twenty-four (24) hours of its filing. (1979 Code, § 12-202)
16-203. Fee. The fee for such permits shall be two dollars ($2.00) for
excavations which do not exceed twenty-five (25) square feet in area or tunnels
not exceeding twenty-five (25) feet in length; and twenty-five cents ($.25) for
each additional square foot in the case of excavations, or lineal foot in the case
of tunnels; but not to exceed one hundred dollars ($100.00) for any permit.
(1979 Code, § 12-203)
16-204. Deposit or bond. A permit shall not be issued unless and until
the applicant therefore has deposited with the city clerk a cash deposit in the
sum of one thousand dollars ($1,000.00) for any excavation on public property
including all public rights of way, to insure the property restoration of the
ground, except that where the amount of the deposit is clearly inadequate to
cover the cost of restoration, the city clerk may increase the amount of the
deposit to an amount considered by him to be adequate to cover the cost. From
this deposit shall be deducted the expense to the municipality of relaying the
surface of the ground or pavement, and of making the refill if this is done by the
municipality or as its expense. The balance shall be returned to the applicant
without interest after the tunnel or excavation is completely refilled and the
surface or pavement is restored.
In lieu of a cash deposit the applicant may deposit with the city clerk a
surety bond in the amount of one thousand dollars ($1,000.00) to cover the costs
to the municipality if the applicant fails to make proper restoration. (1979 Code,
§ 12-204, as replaced by Ord. #2005-07, May 2005)
16-205. Manner of excavating--barricades and lights--temporary
sidewalks. Any person, firm, corporation, association, or others making any
excavation or tunnel shall do so according to the terms and conditions of the
application and permit authorizing the work to be done. Sufficient and proper
barricades and lights shall be maintained to protect persons and property from
injury by or because of the excavation being made. If any sidewalk is blocked
by any such work, a temporary sidewalk shall be constructed and provided
which shall be safe for travel and convenient for users. (1979 Code, § 12-205)
16-206. Restoration of streets, etc. Any person, firm, corporation,
association, utility or others making any excavation in any street, alley, or
public place in this municipality shall restore said street, alley, or public place
to the specifications hereinafter set out, except for the surfacing, which shall be
done by the municipality, but shall be paid for by such person, firm, corporation,
association, utility or others promptly upon the completion of the work for which
the excavation was made. The city may authorize a duly licensed contractor
who is performing excavations on the streets, alleys or public ways to complete
16-6
the surfacing to the city's specifications, provided the contractor guarantees in
writing the surfacing for one year. In case of unreasonable delay in completion
of work, the city shall give notice to the person, firm, corporation, association,
utility or others that unless the excavation is refilled properly, within a specified
period of time, the municipality will do the repair or contract said repair and
charge the expense to the particular party.
Street repair specifications are as follows:
(1)
From 6 inches above tops of pipe or minimum standards up to
within 7 inches of finished grade. Backfill with crushed stone. Dispose of all
excavated materials which are not replaced as backfill.
(2)
Concrete subgrades will be used in all paved areas: A 6 inch deep
slab in the complete trench width poured to within 1 inches of existing elevation.
Concrete shall be 3000 psi ready mix type conforming to ASTM specification
C94; composed of Portland cement, sand and coarse aggregate, mixed with clear
water.
(3)
Barricades shall be placed around all holes wider than 4 inches
until concrete can withstand traffic.
(4)
After 7 days settling, the city shall fill remaining 1 inches of trench
or hole with asphalt. This asphalt shall be level with existing surface. The city
shall be notified of all cuts at least weekly. (1979 Code, § 12-206)
16-207. Insurance. In addition to making the deposit or giving the bond
hereinbefore required to insure that proper restoration is made, each person
applying for an excavation permit shall file a certificate of insurance indicating
that he is insured against claims for damages for personal injury as well as
against claims for property damage which may arise from or out of the
performance of the work, whether such performance be by himself, his
subcontractor, or anyone directly or indirectly employed by him. Such insurance
shall cover collapse, explosive hazards, and underground work by equipment on
the street, and shall include protection against liability arising from completed
operations. The amount of the insurance shall be prescribed by the city clerk in
accordance with the nature of the risk involved; provided, however, that the
liability insurance for bodily injury shall not be less than $100,000 for each
person and $300,000 for each accident, and for property damages not less than
$25,000 for any one (1) accident, and a $75,000 aggregate. (1979 Code, § 12-207)
16-208. Time limits. Each application for a permit shall state the length
of time it is estimated will elapse from the commencement of the work until the
restoration of the surface of the ground or pavement, or until the refill is made
ready for the pavement to be put on by the municipality if the municipality
restores such surface pavement. It shall be unlawful to fail to comply with this
time limitation unless permission for an extension of time is granted by the city
clerk. (1979 Code, § 12-208)
16-7
16-209. Supervision. The city clerk or his designee shall from time to
time inspect all excavations and tunnels being made in or under any public
street, alley, or other public place in the municipality and see to the enforcement
of the provisions of this chapter. Notice shall be given to him at least ten (10)
hours before the work of refilling any such excavation or tunnel commences.
(1979 Code, § 12-209)
16-210. Driveway curb cuts. No one shall cut, build, or maintain a
driveway across a curb or sidewalk without first obtaining a permit from the city
clerk. Such a permit will not be issued when the contemplated driveway is to
be so located or constructed as to create an unreasonable hazard to pedestrian
and/or vehicular traffic. No driveway shall exceed thirty-five (35) feet in width
at its outer or street edge and when two (2) or more adjoining driveways are
provided for the same property a safety island of not less than ten (10) feet in
width at its outer or street edge shall be provided. Driveway aprons shall not
extend out into the street. (1979 Code, § 12-210)
17-1
TITLE 17
REFUSE AND TRASH DISPOSAL1
CHAPTER
1. LITTER CONTROL AND SANITATION REGULATIONS.
2. PRIVATE COLLECTION OF BULK REGUSE.
CHAPTER 1
LITTER CONTROL AND SANITATION REGULATIONS.
SECTION
17-101. Title and definitions.
17-102. Moving violations.
17-103. Stationary violations.
17-104. Stationary violations; litter generated from handling solid waste.
17-105. Collection fees and special rules.
17-106. Litter receptacles.
17-107. Unauthorized use of receptacles.
17-108. Disposal of material by contractors.
17-101. Title and definitions. (1) Title. This chapter shall be known
and may be cited as the City of Fayetteville Litter Control and Sanitation
Ordinance.
(2)
Definitions. (a) "Litter" means all waste materials including, but
not limited to, bottles, glass, crockery, cans, scrap metal, paper, plastic,
rubber, garbage, offal, waste building material at construction sites,
disposable packages or containers thrown or deposited as prohibited
herein, but not including the disposed waste of the primary processes of
mining, logging, saw-milling, framing or manufacturing.
(b)
"Person" means any natural person, corporation,
partnership, association, firm, receiver, guardian trustee, executor,
administrator, fiduciary, or representative, or group of individuals or
entities of any kind.
(c)
"Private property" means property owned by any person as
defined herein, including but not limited to yards, grounds, driveways,
entrance or passageways, parking areas, storage areas, any body of
water, vacant land, and recreational facilities.
(d)
"Public property" means any area that is used or held out for
use by the public, whether owned or operated by public or private
1
Property maintenance regulations: title 13.
17-2
interests including, but not limited to, highways, streets, alleys, parks,
recreation areas, sidewalks, medians, lakes, rivers, streams, ponds, or
other bodies of water.
(e)
"Vehicle" means every device capable of being moved upon
a public highway or public waterway and in, upon, or by which any
person or property may be transported or drawn upon a public highway
or public waterway, and shall also include any watercraft, boat, ship,
vessel, barge, or other floating craft, except devices moved by human
power, or used exclusively upon stationary rails or tracts, or used
exclusively for agricultural purposes and not licensed pursuant to state
law, which is not operated on any public highway for purposes other than
crossing such public highway, or along such highway between two tracts
of the owner's land.
(f)
"Litter receptacle" means a container with a capacity of not
less than 20 gallons, constructed and placed for use as a depository for
litter.
(g)
"Institution" means any public or private establishment
which educates, instructs, treats for health purposes, or otherwise
performs a service or need for the community, region, state or nation.
(h)
"Dumpster" means 4 to 8 cubic yard receptacle used by the
collection agency to pick up bulk material.
(i)
"Director" means the director of public works. (1979 Code,
§ 8-201)
17-102. Moving violations. (1) Littering prohibited; penalties. (a) It
shall be unlawful for any person to drop, deposit, discard, or otherwise
dispose of litter in or upon any public or private property within City of
Fayetteville including but not restricted to any street, sidewalk, park,
body of water, vacant or occupied lot, except in public receptacles, or in
authorized private receptacles provided for public use, or in an area
designated by the State Department of Health as a permitted disposal
site.
(b)
When a violation of the provisions of this section has been
observed by any person, and the matter dumped or disposed of in the
highway, right-of-way, property adjacent to such highway or right-of-way,
or private property has been ejected from a motor vehicle, the owner or
operator of such motor vehicle shall be presumed to be the person ejecting
such trash, garbage, refuse or other unsightly matter; provided, however,
that such presumption shall be rebuttable by competent evidence.
(2)
Uncovered vehicles; escape of load. (a) No vehicle shall be driven
or moved on any highway unless such vehicle is constructed or loaded to
prevent any of its load from dropping, sifting, leaking, or otherwise
escaping therefrom. Provided, however, that sand or any substance to
increase traction or water or other substance may be applied on a
17-3
roadway in the cleaning or maintaining of such roadway by the state or
local government agency having such responsibilities.
(b)
No vehicle used to transport litter or other items likely to
fall or be blown from such vehicle, shall be driven or moved, stopped, or
parked on any highway unless such vehicle is covered to prevent its
contents from blowing, dropping, or falling from such vehicle.
(c)
Any person operating a vehicle from which any glass or
objects have fallen or escaped, which could cause an obstruction or
damage a vehicle or otherwise endanger travelers on such public
property, shall immediately cause the public property to be cleaned of all
glass or objects and shall pay any costs therefor.
(3)
Enforcement of litter laws; prosecution; presumption. (a) The
director of public works, the health officer and the building official are
hereby empowered to issue citations to, or arrest, persons violating any
provision of this chapter, and may serve and execute all warrants, and
other process, issued by the court in enforcing the provisions of this
chapter. In addition, mailing by certified mail of such process to his last
known place of residence shall be deemed as personal service upon the
person charged, for the purpose of this chapter.
(b)
Prosecution for a violation of any provision of this chapter
may be initiated by any law enforcement officer who witnesses such
offense or who discovers an article of litter bearing a person's name or
address on the property of another, on any public highway, street, or
road, upon a public park or recreation area, or upon any other public
property except property that is designated for solid waste disposal. Such
prosecution may be initiated by any private citizen, who witnesses an
offense or discovers evidence.
(c)
Any article of litter bearing a person's name or address,
found on the private property of another, or on any public property as
designated herein, shall be presumed to be the property of such person
whose name or address appears thereon, and that such person placed or
caused to be placed such article of litter; provided, however, that such
presumption shall be rebuttable by competent evidence.
(d)
Whenever any person is arrested for a violation of this
chapter, the arresting law enforcement officer shall take the name and
address of such person and issue a complaint, summons, or otherwise
notify him in writing to appear at a time and place to be specified in such
complaint or notice. Such officer shall thereupon and upon the giving by
such person of his written promise to appear at such time and place
forthwith, release him from custody. Any person refusing to give such
written promise to appear shall be prosecuted as in the manner of other
violations of chapters.
(e)
Upon the failure of such person to comply as herein
provided, the clerk of the court named in such summons shall summons
17-4
such person to appear in such court to answer the charge of the violation
of this chapter. (1979 Code, § 8-202)
17-103. Stationary violations. (1) Areas surrounding commercial
establishments and institutions. It shall be the duty of each proprietor and each
operator of any business, industry, or institution to keep the adjacent and
surrounding area clear and free of litter. These areas include, but are not
restricted to, public and private sidewalks, roads, and alleys; grounds; parking
lots; loading and unloading areas; and all vacant lots which are owned or leased
by said establishment or institution.
(2)
Keeping residential property clean. It shall be the duty of each
residential property owner and tenant to keep all exterior private property free
of litter. These areas shall include, but not be restricted to, sidewalks, alleys,
and driveways; yards and grounds; fences, walls, and property lines; drainages;
and vacant lots in residential areas.
(3)
Keeping sidewalks clean. Each owner, agent, occupant, or lessee
whose property faces on sidewalks, or strips between street and sidewalk, shall
be responsible for keeping said sidewalk and strips free of litter. Also
immediately after a snow or sleet, occupants are required to remove all
accumulated snow or ice from sidewalk.
(4)
Sweeping litter into the street. It shall be unlawful to sweep or
push litter from sidewalks into streets. Such litter shall be deposited in a proper
receptacle which shall be covered to prevent scattering by wind and animal.
(5)
Construction and demolition sites. (a) It shall be unlawful for any
owner, agent, or contractor to permit the accumulation of litter before,
during, or after completion of any construction or demolition project.
(b)
It shall be the duty of the owner, agent, or contractor in
charge of a construction or development site to furnish litter receptacles
and to collect and contain to prevent scattering other bulk litter on a daily
basis. All litter shall be removed from such site not less than once a
week.
(6)
Handbills and advertising material. It shall be unlawful for any
person distributing commercial handbills, leaflets, flyers, or any other
advertising and information material to distribute material in such a manner
that it litters either public or private property. (1979 Code, § 8-203)
17-104. Stationary violations; litter generated from handling solid
waste.
(1)
Solid waste containerization. (a) Each owner, occupant or other
responsible person using or occupying any building or other premises
within the city where refuse accumulates or is likely to accumulate, shall
provide and keep covered an adequate number of refuse containers.
The refuse containers shall be rodent and insect proof, shall be
strong, durable, or galvanized steel or plastic construction, and have
17-5
attached handles for easy lifting. They shall each have a capacity of not
less than twenty (20) nor more than thirty-two (32) gallons, except that
this maximum capacity shall not apply to larger containers which the city
handles mechanically. Furthermore, except for containers which the city
handles mechanically, the combined weight of any refuse container and
its contents shall not exceed seventy-five (75) pounds. No refuse shall be
placed in a refuse container until such refuse has been drained of all free
liquids. Containers loaded with wood, concrete blocks, brick or heavy
metal will not be emptied. Plastic bags may be used in place of metal or
plastic containers. Dumpsters may be used provided they are placed in
a location mutually agreeable to the occupant and the director. Box pens
shall be kept clean by occupant and loose materials are the responsibility
of the occupant.
(b)
Excess material as a result of special circumstances must be
placed in plastic bags.
(c)
Items too large to fit into containers, such as, but not limited
to, household appliances, furniture and mattresses, shall be placed
curbside.
(2)
Proper litter receptacles or solid waste containers. (a) Any
receptacle or container which does not conform to this chapter shall be
replaced by owner or user of said receptacle or container upon written
notice from the department of public works. Failure to do so within five
(5) days shall constitute a violation of this section, and each day
thereafter shall constitute a separate violation.
(b)
In no case will it be the responsibility of the refuse collecting
agency of the city to shovel or pick up from the ground any accumulations
of refuse with the exception of intact cardboard boxes which may be
placed neatly and safely around said refuse containers.
(c)
Where alleys are used by the city refuse collectors,
containers shall be placed on or within three (3) feet of the alley line in
such a position as not to intrude upon the traveled portion of the alley.
Where streets are used by the city's refuse collectors, containers shall be
placed adjacent to and back of the curb, or adjacent to and back of the
ditch or street line if there be no curb, at such times as shall be scheduled
by the city for the collection of refuse therefrom.
(d)
No unauthorized person shall uncover, rifle, pilfer, dig into,
turn over, or in any other manner disturb or use any refuse container
belonging to another. This section shall not be construed to prohibit the
use of public anti-litter cans for the deposit of refuse commonly
recognized as litter.
(e)
Except as otherwise herein provided, only the city shall
engage in the business of collection, removing or disposing of refuse
within the corporate limits. The city may provide such service either with
its own forces or by contractors. Industrial and commercial locations may
contract their own collection service, however, the city must be notified
of collection agency and length of contract.
17-6
(f)
The director is authorized and directed to prepare schedules
for regular collection of refuse throughout the city. Refuse shall be
collected at least twice weekly and otherwise as often as reasonably
necessary to protect against health and fire hazards.
(3)
Indiscriminate dumping or discarding of litter and solid waste.
(a)
It shall be unlawful for any person to discard or dump along
any street or road, on or off the right-of-way, any household or
commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts,
rubber tires, appliances, furniture, and any other material or equipment,
on public or private property, except by written consent of the owner of
said private property, or except in receptacles provided for public use for
the deposit of said material, or except in an area designated by the state
department of health as a permitted disposal site.
(b)
Any article of litter bearing a person's name or address
found on the private property of another, or on any public property, shall
be presumed to be the property of such person whose name or address
appears thereon, and that such person placed or caused to be placed such
article of litter; provided however, that such presumption shall be
rebuttable by competent evidence. (1979 Code, § 8-204)
17-105. Collection fees and special rules. (1) Service fees for
collection, removal and disposal. Monthly fees for the collection, removal and
disposal of refuse are based on the number of carts utilized at each residence or
commercial establishment with a one (1) cart minimum charge for each
residence or commercial establishment with an active electrical meter according
to the records of Fayetteville Public Utilities. The following monthly fees are
established for the collection, removal and disposal of refuse:
RESIDENTIAL
Per household
Per apartment
Each additional cart
COMMERCIAL AND INDUSTRIAL
1 Cart
Twice/week
Once/week
2 Carts
Twice/week
Once/week
3 Carts
Twice/week
Once/week
4 Carts
Twice/week
Once/week
6 Carts
Twice/week
Once/week
Churches will be charged the commercial fees
Hardship rate will be $10.00 per month
$ 14.00
$ 14.00
$ 10.00
$ 38.00
$ 19.00
$ 68.00
$ 34.00
$ 98.00
$ 49.00
$128.00
$ 64.00
$188.00
$ 94.00
17-7
The public works director will work with commercial establishments to
provide the collection services they need per week at the rate listed above. The
public works director may change routes and adjust rates as needed to conform
to the schedule listed above.
Users who are aggrieved by the sanitation fee(s) assessed them may
submit a request for a fee reduction or waiver to the city administrator who
shall place the matter on the next meeting of the public works committee for
consideration of the particular circumstances involved. After the public works
committee makes its determination, the city administrator shall inform the
party seeking relief of the committee's decision. However, any user submitting
a request for fee reduction or waiver under this section shall continue to pay the
regular rates until the decision is rendered by the committee. (1979 Code,
§ 8-205, as amended by Ord. #95-9, May 1995, Ord. #2001-6, May 2001, and
Ord. #2005-6, May 2005, and replaced by Ord. #2013-02, Feb. 2013)
17-106. Litter receptacles. (1) Use of receptacles. It shall be unlawful
to deposit any item or items, except litter, in any receptacle placed for public use
as a depository for litter.
(2)
Providing adequate litter receptacles. It shall be the duty of any
person owning or operating any establishment or public place to provide
receptacles adequate to contain the litter generated at said establishment.
(3)
Regulations regarding receptacles. The director is authorized to
promulgate additional regulations concerning the number, size and locations of
litter receptacles which should be approved by the board of mayor and aldermen
and kept on file at the clerk's office. (1979 Code, § 8-206)
17-107. Unauthorized use of receptacles. It shall be unlawful to
deposit any item in any privately owned receptacle without the consent of the
owner. (1979 Code, § 8-207)
17-108. Disposal of material by contractors. It shall be unlawful for
contractors to fail to remove from the premises used carpet, flooring,
construction or demolition material resulting from their work unless the owner
or tenant of the premises signs a release on a form prescribed by the City of
Fayetteville. (Ord. #95-7, March 1995)
17-8
CHAPTER 2
PRIVATE COLLECTION OF BULK REFUSE
SECTION
17-202. Prohibited without a permit.
17-203. Bulk refuse collector's permit generally.
17-204. Fee for bulk refuse collector's permit.
17-205. Insurance and bond requirements for bulk refuse collectors.
17-206. Vehicle requirements for bulk refuse collectors.
17-207. To dispose of refuse.
17-208. Requirement for lids or covers of dumpsters and bins.
17-209. List of charges.
17-210. Removal service for commercial customers and residential lot owners
with no electric meter.
17-201. Short title. This chapter is the "Private Collection of Bulk
Refuse Ordinance of Fayetteville, Tennessee." (as added by Ord. #2011-13, June
2011)
17-202. Prohibited without a permit. No person, firm or legal entity
shall engage in the business of the collection, removal or disposal of garbage,
refuse or rubbish for a fee or charge without a permit issued under this chapter.
(as added by Ord. #2011-13, June 2011)
17-203. Bulk refuse collector's permit generally. (1) Permits for the
collection of garbage, refuse or rubbish and its prompt disposal may be issued
by the city administrator upon the filing of an application on a form prescribed
by the city administrator; but the same shall be issued only after the city
administrator has satisfied himself or herself that the applicant possesses or has
available the necessary equipment and facilities to adequately perform the
service of collection, storage, removal and disposal of garbage, refuse or rubbish.
Permits shall be valid for one (1) year following date of issuance thereof unless
sooner suspended or revoked. Any such permit may be immediately suspended
for cause by the city administrator for the violation of any of the provisions of
this chapter.
(2)
Each permit issued under this section shall be numbered, and the
permit holder shall place such number in a conspicuous place on each vehicle
operated in the business. (as added by Ord. #2011-13, June 2011)
17-204. Fee for bulk refuse collector's permit. A fee of one hundred
dollars ($100.00) shall be assessed and collected by the city administrator for the
issuance of each permit under § 17-203. In addition thereto, a fee of ten dollars
17-9
($10.00) shall be assessed and collected for each vehicle designed for the
collection and transportation of refuse and which is used by the permit holder
in the collection and transportation of refuse under this permit. (as added by
Ord. #2011-13, June 2011)
17-205. Insurance and bond requirements for bulk refuse
collectors. As a condition precedent to the issuance of a permit under § 17-203,
the applicant shall furnish certificates showing general liability insurance for
bodily injury liability on the comprehensive form with limits of one hundred
thirty thousand dollars ($130,000.00) per person in any one (1) accident and,
subject to that limit for each person, three hundred fifty thousand dollars
($350,000.00) for two (2) or more persons in any one (1) accident and automobile
public liability and property damage insurance with limits of one hundred thirty
thousand dollars ($130,000.00) per person in any one (1) accident and subject to
that limit for each person, three hundred fifty thousand dollars ($350,000.00)
for two (2) or more persons in any one (1) accident for bodily injury liability and
fifty thousand dollars ($50,000.00) property damage liability on the
comprehensive form covering owned, non-owned and hired automobiles which
will be used in connection with the work to be done under the permit. Also,
workers' compensation insurance coverage satisfactory to the city administrator
shall be proven. Further, as a condition precedent to the issuance of a permit
under § 17-203, the applicant shall furnish a bond in the amount of five
thousand dollars ($5,000.00) to save the city harmless or shall deposit a
sufficient amount of cash with the city administrator as will, in the opinion of
the city administrator, cover the cost of repairing any streets or other
improvements as may be damaged by the collection, removal or disposal of
garbage, refuse or rubbish of the holder of a permit under this chapter. (as
added by Ord. #2011-13, June 2011)
17-206. Vehicle requirements for bulk refuse collectors. All
vehicles used by the holder of a permit under this chapter for the collection,
removal and disposal of refuse shall have watertight metal bodies. (as added by
Ord. #2011-13, June 2011)
17-207. To dispose of refuse. All refuse collection by holders of permits
under this chapter shall be disposed at a facility approved by the State of
Tennessee. (as added by Ord. #2011-13, June 2011)
17-208. Requirement for lids or covers of dumpsters and bins. All
dumpsters with a capacity of two (2) to eight (8) cubic yards shall have lids or
covers. All recycle bins shall have lids or covers. (as added by Ord. #2011-13,
June 2011)
17-10
17-209. List of charges. A current listing of the various charges for
services of private collectors of bulk refuse shall be filed with the city for public
review and shall be kept current. (as added by Ord. #2011-13, June 2011)
17-210. Removal service for commercial customers and
residential lot owners with no electric meter. (1) Commercial customers
and owners of residential lots with no electric meter shall pay the city fifty
dollars ($50.00) per load to have the city remove trees, crates, furniture, waste
materials or other bulky items from their properties.
(2)
The city will only remove material that can be picked up with a
knuckle-boom truck. Manual loading of materials will be prohibited. No one
other than city employees will be allowed to load or operate the city trucks in the
removal process.
(3)
Material to be removed must be no longer than six feet (6') in
length and should be piled by the street or stacked on a hard surface. Material
to be removed must be on a flat surface. Material to be removed may not be
placed under utility lines.
(4)
A property owner seeking to have heavy material removed from his
or her property must execute a written consent form releasing the city from any
liability arising from city employees being on the owner's property during the
removal process.
(5)
A property owner seeking removal of items must schedule the
removal with the public works department.
(6)
The city will determine the amount of material that can be placed
in an individual load as it pertains to the weight and size of the material.
(7)
The removal fee must be paid prior to pick up regardless of the
quantity.
(8)
The city through its public works department will not pick up or
remove the following:
(a)
Material from land which is being developed or is for
development;
(b)
Hazardous material;
(c)
Concrete, rocks, bricks or dirt;
(d)
Construction material waste. (as added by Ord. #2012-03,
March 2012)
18-1
TITLE 18
WATER AND SEWERS1
CHAPTER
1. SEWAGE DISPOSAL.
2. SEWER REGULATIONS.
3. CROSS CONNECTIONS, AUXILIARY INTAKES, ETC.
CHAPTER 1
SEWAGE DISPOSAL2
SECTION
18-101. Disposal.
18-101. Disposal. Sewage shall be disposed of in accordance with the
provisions of title 18, chapter 2 of this code. (1979 Code, § 8-301, as replaced by
Ord. #2012-18, Dec. 2012)
1
Building, utility etc. codes: title 12.
Refuse and trash disposal: title 17.
2
Plumbing code: title 12, chapter 2.
18-2
CHAPTER 2
SEWERS1
SECTION
18-201. Purpose and policy.
18-202. Abbreviations and definitions.
18-203. Requirements for proper wastewater disposal.
18-204. Connection to public sewer.
18-205. Inspection of connections.
18-206. Maintenance responsibility of building sewers.
18-207. Availability of public sewer.
18-208. Requirements for private wastewater disposal.
18-209. Holding tank waste disposal permit.
18-210. Application for discharge of residential domestic wastewater.
18-211. Application for discharge of commercial or industrial wastewater.
18-212. General discharge prohibitions.
18-213. Restrictions on wastewater strength.
18-214. Protection of the treatment plan influent--more restrictive criteria.
18-215. Industrial pretreatment regulations.
18-216. Industrial pretreatment requirements.
18-217. National categorical pretreatment standards.
18-218. Reporting requirements.
18-219. Enforcement plan.
18-220. Public nuisance.
18-221. Damage to facilities.
18-222. Legal action.
18-223. Pretreatment enforcement hearings and appeals.
18-224. Affirmative defenses to discharge violations.
18-225. Enforcement response guide.
18-226. Fees and billing.
18-227. Validity.
18-228. [Deleted.]
18-229. [Deleted.]
18-230. [Deleted.]
18-231. [Deleted.]
18-232. [Deleted.]
18-233. [Deleted.]
18-234. [Deleted.]
18-235. [Deleted.]
1
Plumbing code: title 12.
18-236.
18-237.
18-238.
18-239.
18-240.
18-241.
18-242.
18-243.
18-3
[Deleted.]
[Deleted.]
[Deleted.]
[Deleted.]
[Deleted.]
[Deleted.]
[Deleted.]
[Deleted.]
18-201. Purpose and policy. This chapter sets forth uniform
requirements for the disposal of wastewater in the service area of the City of
Fayetteville, Tennessee, (COF) as provided by Fayetteville Public Utilities
(FPU). The objectives of this chapter are:
(1)
To protect the public health and the health of the FPU personnel;
(2)
To provide problem free wastewater collection and treatment
service;
(3)
To prevent the introduction of pollutants into the Publicly Owned
Treatment Works (POTW) which will interfere with the system operation; will
cause the POTW discharge to violate its National Pollutant Discharge
Elimination System (NPDES) permit or other applicable state requirements; or
will cause physical damage, danger, or unnecessary excessive work to the POTW
facilities or collection system;
(4)
To provide for full and equitable distribution of the cost of the
POTW and collection system;
(5)
To enable FPU to comply with the provisions of the Federal Clean
Water Act, the General Pretreatment Regulations (40 C.F.R. part 403), and
other applicable federal and state laws and regulations; and
(6)
To improve the opportunity to recycle and reclaim wastewaters and
sludge from the POTW.
In meeting these objectives, this chapter provides that all persons in the
wastewater service area of FPU must have adequate wastewater treatment
either in the form of a connection to the POTW or, where the system is not
available, an appropriate private disposal system. The chapter also provides for
the issuance of permits to system users; for the regulations of wastewater
discharge volume and characteristics; for monitoring and enforcement activities;
and for the setting of fees for the full and equitable distribution of costs
resulting from the operation, maintenance, and capital recovery of the POTW
and from other activities required by the enforcement and administrative
program established herein.
This chapter shall apply to FPU users inside and outside the city limits
of Fayetteville, Tennessee who are, by contract or agreement with FPU, users
of the POTW. FPU shall administer, implement, and enforce the provisions of
this chapter. This chapter shall be enforced in accordance with a written
18-4
Enforcement Response Plan (ERP) and as provided herein. (1979 Code, § 13-201,
18-202. Abbreviations and definitions. Unless the context specifically
indicates otherwise, the following abbreviations, terms and phrases, as used in
this chapter, shall have the meanings hereinafter designated:
BMP
Best Management Practices
BMR
Baseline Monitoring Report
BOD
Biochemical Oxygen Demand
CIU
Categorical Industrial User
C.F.R.
Code of Federal Register
COD
Chemical Oxygen Demand
EPA
Environmental Protection Agency
ERP
Enforcement Response Plan
FOG
Fats, Oils, and Grease
FPU
Fayetteville Public Utilities
FSE-ERG Food Service Established Enforcement Response Guide
GPD
Gallons per Day
IU
Industrial User
MG/L
Milligrams per Liter
NAICS
North American Industry Classification System
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly Owned Treatment Works
SIC
Standard Industrial Classification
SIU
Significant Industrial User
SNC
Significant Noncompliance
TDEC
Tennessee Department of Environment and Conservation
TSS
Total Suspended Solids
U.S.C.
United States Code
(1)
"Act" or "the Act." The Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(2)
"Approval authority." The Division of Water Pollution Control
Director of the Tennessee Department of Environment and Conservation
(TDEC) or his/her representative.
(3)
"Authorized representative" or "duly authorized representative of
industrial user." an authorized representative of an industrial user may be:
(a)
If the user is a corporation:
(i)
The president, secretary, treasurer, or vice-president
of the corporation in charge of a principal business function, or any
person who performs similar policy or decision-making functions
for the corporation; or
(ii)
The manager of one (1) or more manufacturing,
production, or operating facilities provided the manager is
authorized to make management decisions that govern the
18-5
operation of the regulated facility including having the explicit or
implicit duty of making major capital investment
recommendations, environmental compliance with environmental
laws and regulations; can insure that the necessary systems are
established or actions taken to gather complete and accurate
information for individual wastewater discharge permit
requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with the
corporate procedures.
(b)
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
(c)
If the user is a federal, state, or local governmental agency:
a director or highest official appointed or designated to oversee the
operation and performance of the activities of the governmental facility,
or their designee.
(d)
The individuals described in subsections (a) through (c),
above, may designate an authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted to
FPU.
(4)
"Best Management Practices (BMPs)" means schedules of
activities, prohibitions of practices, maintenance procedures, and other
management practices to implement the prohibitions listed in § 18-212 of this
chapter. BMPs also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge waste disposal, or
drainage from raw materials storage.
(5)
"Biochemical Oxygen Demand (BOD)." The quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure, five (5) days at twenty degrees Centigrade (20" C)
expressed in terms of weight and concentration (mg/l).
(6)
"Board." The FPU board as appointed by and working in
conjunction with the City of Fayetteville.
(7)
"Building sewer." The pipeline connecting the sanitary sewage
facilities within a residence or commercial/industrial structure to the public
sewer. Building sewers include both gravity flow and pressure pipelines and
appurtenances as required by the type of service provided to the residence or
commercial/industrial user. Building sewers may also be referred to as laterals,
sewer laterals, service laterals, building drains, and other similar terms all of
which shall be interrupted to mean "building sewer" as used herein.
(8)
"Categorical Industrial User (CIU)." An industrial user subject to
a categorical pretreatment standard or categorical standard.
18-6
(9)
"Chemical Oxygen Demand (COD)." The measure of the oxygen
equivalent of a sample susceptible to oxidation by the dichromate reflux method.
(10) "Composite sample." A sample composed of two (2) or more discrete
samples. The aggregate sample will reflect the average water quality covering
the compositing or sample period.
(11) "Control mechanism." Refers to application or permit.
(12) "Cooling water." The water discharged from any use such as air
conditioning, cooling, or refrigeration, or to which the only pollutant added is
heat.
(13) "Customer/user." The owner, tenant or occupant of any lot or
parcel of land connected to a sanitary sewer, or which a sanitary sewer line is
available if a municipality levies a sewer charge on the basis of such
availability.1
(14) "Daily maximum." The arithmetic average of all effluent samples
of a pollutant (except pH) collected during a calendar day.
(15) "Daily maximum limit." The maximum allowable discharge limit
of a pollutant during a calendar day. Where the limit is expressed in units of
mass, the limit is the maximum amount of total mass of the pollutant that can
be discharged during the calendar day. Where the limit is expressed in
concentration, it is the arithmetic average of all concentration measurements
taken during the calendar day.
(16) "Direct discharge." The discharge of treated or untreated
wastewater directly to the waters of the State of Tennessee.
(17) "Domestic wastewater." Wastewater that is generated by a single
family, apartment or other dwelling unit or dwelling unit equivalent containing
sanitary facilities for the disposal of wastewater and used for residential
purposes only.
(18) "Enforcement Response Plan (ERP)." A plan that is to be reviewed
by FPU periodically that determines the proper enforcement response to each
pretreatment violation.
(19) "Environmental Protection Agency (EPA)."
The U.S.
Environmental Protection Agency, or where appropriate the term may also be
used as designation for the administrator or other duly authorized official of the
said agency.
(20) "Existing source." Any source of discharge that is not a new source.
(21) "Fayetteville Public Utilities (FPU)." The utility that provides
public sewer services in the service area of the City of Fayetteville, Tennessee;
the person or persons authorized by FPU to supervise the operation of the
POTW and who is charged with certain duties and responsibilities by this
chapter, including the FPU board.
1
State law reference
18-7
(22) "Fats, Oils, and Grease (FOG)." Substances found in kitchens,
garages, food service establishments, and foods such as meats, sauces, salad
dressings, deep-fried dishes, cookies, pastries, butter, etc. which accumulates in
sewer systems causing obstructions by constricting flow of the sewer pipes and
interfering with normal operation of the POTW.
(23) "FOG management policy." Program administered by FPU aimed
to prevent fats, oils, and grease from being discharged into the sewer collection
system through public education and monitoring of restaurants and other
entities which process food in an effort to reduce the occurrence of sanitary
sewer overflows.
(24) "Food Service Establishment Enforcement Response Guide
(FSE-ERG)." A guide that provides for a consistent response to all food service
establishments that cause, or have the potential to cause, interference to the
POTW.
(25) "Garbage."
Solid wastes, generated from any domestic,
commercial, or industrial source.
(26) "Grab sample." An individual sample which is collected from a
waste stream over a period of time not to exceed fifteen (15) minutes.
(27) "Holding tank waste." Any waste from holding tanks such as
vessels, campers, or trailers, and vacuum-pump tank trucks.
(28) "Indirect discharge." The introduction of pollutants into the POTW
from any non-domestic source.
(29) "Industrial User (IU)." A source of indirect discharge which does
not constitute a "discharge of pollutants" under regulations issued pursuant to
section 402 of the Act (33 U.S.C. § 1342).
(30) "Industrial waste." Any liquid, solid, or gaseous substance, or
combination thereof, or form of energy including heat, resulting from any
process of industry, manufacture, trade, food processing or preparation, or
business or from the development of any natural resource.
(31) "Instantaneous limit." The maximum concentration of a pollutant
allowed to be discharged at any time, determined by analysis of any discrete or
composited sample, collected, independent of the flow rate or duration of the
sampling event.
(32) "Interference." A discharge that, alone or in conjunction with a
discharge or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations, or its sludge processes, use or disposal, or
exceeds the design capacity of the POTW or the collection system.
(33) "Local limit." Specific discharge limits developed and enforced by
FPU upon industrial users to implement the general and specific discharge
prohibitions listed in Tennessee Rule 1200-4-14-.05(1)(a) and (2).
(34) "Medical waste." Isolation waste, infectious agents, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, and dialysis
wastes.
18-8
(35) "National categorical pretreatment standard" or "categorical
standard." Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. § 1317),
which applies to industrial users.
(36) "National Pollutant Discharge Elimination System (NPDES)." The
program for issuing, conditioning, and denying permits for the discharge of
pollutants from point sources into navigable waters, the contiguous zone, and
the oceans pursuant to section 402 of the Federal Water Pollution Control Act
as amended.
(37) "New source." (a) Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards under section 307(C) of the Federal Clean Water Act which will
be applicable to such source if such standards are thereafter promulgated
in accordance with the section, provided that:
(i)
The building, structure, facility or installation is
constructed at a site at which no other source is located; or
(ii)
The building structure, facility or installation totally
replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
(iii) The production of wastewater generating processes of
the building, structure, facility or installation is substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the
extent to which the new facility is integrated with the existing
plant, and the extent to which the new facility is engaged in the
same general type of activity s the existing source should be
considered.
(b)
Construction on a site at which an existing course is located
results in a modification rather than a new source if the construction does
not create a new building, structure, facility or installation meeting the
criteria of subsections (a)(ii) or (a)(iii) of this definition but otherwise
alters, replaces, or adds to existing process or production equipment.
(c)
Construction of a new source as defined under this
subsection has commenced if the owner or operator has:
(i)
Begun, or caused to begin as part of a continuous
onsite construction program:
(A)
Any placement, assembly, or installation of
facilities or equipment; or
(B)
Significant site preparation work including
cleaning, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the placement,
assembly, or installation of new source facilities or
equipment; or
18-9
(ii)
Entered into a binding contractual obligation for the
purchase of facilities or equipment which is intended to be useful
in its operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
(38) "Non-contact cooling water." Water used for cooling that does not
come into direct contact with any raw material, intermediate product, or
finished product.
(39) "Pass through." A discharge which exits the WWTP into waters of
the United States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a violation of any
requirement of FPU's NPDES permit, including an increase in the magnitude
or duration of a violation.
(40) "Person." Any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, estate,
governmental entity or their legal representatives, agents, assigns. The
masculine gender shall include the feminine; the singular shall include the
plural where indicated by the context.
(41) "pH." The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
(42) "Pollution." The man-made or man-induced alteration of the
chemical, physical, biological, and radiological integrity of the water.
(43) "Pollutant." Any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, medical waste,
chemical wastes, biological materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt, municipal, agricultural and
industrial waste, and certain characteristics of wastewater (e.g., pH
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
(44) "Pretreatment standard" or "standards." Prohibited discharge
standards, categorical pretreatment standards, and local limits.
(45) "Pretreatment" or "treatment." The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater to, or in lieu of introducing such pollutants
into a POTW. This reduction or alteration can be obtained by physical, chemical,
or biological processes; by process changes; or by other means, except by diluting
the concentration of the pollutants unless allowed by an applicable pretreatment
standard.
(46) "Pretreatment requirements." Any substantive or procedural
requirement related to pretreatment imposed on a user, other than a
pretreatment standard.
(47) "Prohibited discharge standards." Prohibitions against discharges
of certain substances as described in § 18-212(1).
18-10
(48) "Publicly Owned Treatment Works (POTW)." A treatment works
as defined by section 212 of the Act (33 U.S.C. 1292), which is owned in this
instance by FPU. This definition includes any sewers that convey wastewater
to the POTW treatment plant including pipes, sewers, or other conveyances only
if they convey wastewater to the POTW.
(49) "Shall/will" or "may." "Shall/will" is mandatory, "may" is
permissive.
(50) "Significant Industrial User (SIU)." (a) All industrial users subject
to categorical pretreatment standards under 40 C.F.R. 403.6 and 40
C.F.R. chapter 1, subchapter N; and
(b)
Any other industrial user that:
(i)
Discharges an average of twenty-five thousand
(25,000) gallons per day or more of process wastewater to the
POTW (excluding sanitary, non-contact cooling and boiler
blowdown wastewater);
(ii)
Contributes a process wastestream which makes up
five percent (5%) or more of the average dry weather hydraulic or
organic capacity of the POTW; or
(iii) In the opinion of FPU, has a reasonable potential to
adversely affect the POTW's operation or violate any pretreatment
standard or requirement.
(51) "Significant Noncompliance (SNC)." (a) Chronic violations of
wastewater discharge limits, defined here as those in which sixty-six
percent (66%) or more of all the measurements for each pollutant
parameter taken during a six (6) month period exceed (by an magnitude)
a numeric pretreatment standard or requirement, including
instantaneous limits.
(b)
Technical Review Criteria (TRC) violations, defined here as
those in which thirty-three percent (33%) or more of all of the
measurements for each pollutant parameter taken during a six (6) month
period equal or exceed the product of the numeric pretreatment standard
or requirement, including instantaneous limits, multiplied by the
applicable TRC (TRC=1.4 for BOD, TSS, oils, and grease, and 1.2 for all
other pollutants except pH). TRC calculations for pH are not required.
(c)
Any other violation of a pretreatment standard or
requirement (daily maximum, longer-term average, instantaneous limit,
or narrative standard) that the POTW determines has caused, alone or
in combination with other discharges, interference or pass through
(including endangering the health of POTW personnel or the general
public).
(d)
Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare, or to the environment or has
resulted in the POTW's exercise of its emergency authority under
§ 18-219(7), emergency order, to halt or prevent such a discharge.
18-11
(e)
Failure to meet, within ninety (90) days after the schedule
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance.
(f)
Failure to provide, within forty-five (45) days after their due
date, required reports such as baseline monitoring reports on compliance
with compliance schedules.
(g)
Failure to accurately report noncompliance.
(h)
Any other violation or group of violations, which may include
a violation of best management practices, which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment program.
(52) "Slug" or "slug discharge." Any discharge of a non-routine, episodic
nature, including but not limited to an accidental spill or a non-customary batch
discharge which has a reasonable potential to cause interference or pass
through, or in any other way violate the POTW's local limits or permit
conditions.
(53) "Standard Industrial Classification (SIC)." A United States
government system for classifying industries by a four (4) digit code. Established
in 1937, it is being supplanted by the six (6) digit North American Industry
Classification System (NAICS), which was released in 1997.
(54) "State." State of Tennessee.
(55) "Storm sewer." A pipe or conduit which carries storm and surface
waters and drainage but excludes sewage and industrial wastes; it may,
however, carry cooling waters and unpolluted waters upon approval of FPU.
(56) "Stormwater." Any flow occurring during or following any form of
natural precipitation and resulting therefrom.
(57) "Suspended Solids (SS)" or "Total Suspended Solids (TSS)." The
total suspended matter that floats on the surface of, or is suspended in, water,
wastewater, or other liquids, and which is removable by laboratory filtering.
(58) "Toxic pollutant." Any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the administrator of the Environmental
Protection Agency under the provision of CWA (307(a)) or other Acts.
(59) "Twenty-four (24) hour flow-proportional composite sample." A
sample consisting of not less than eight (8) portions, of at least one hundred
(100) mls, collected during a twenty-four (24) hour period in which the portions
of a sample are proportioned to the flow and combined to form a representative
sample.
(60) "Upset." An exceptional incident in which there is unintentional
and temporary noncompliance with categorical pretreatment standards because
of factors beyond the reasonable control of the industrial user. An upset does not
include noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
18-12
(61) "User/customer." The owner, tenant or occupant of any lot or parcel
of land connected to a sanitary sewer, or which a sanitary sewer line is available
if a municipality levies a sewer charge on the basis of such availability.1
(62) "Wastewater." The liquid and water-carried industrial or domestic
wastes from dwellings, commercial buildings, industrial facilities, and
institutions, whether treated or untreated, which is contributed into or
permitted to enter the POTW.
(63) "Wastewater Treatment Plant (WWTP)." Defined the same as
POTW.
(64) "Waters of the state." All streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained within,
flow through or border upon the state or any portion thereof. (1979 Code,
18-203. Requirements for proper wastewater disposal. (1) It shall
be unlawful for any person to place, deposit, or permit to be deposited in any
unsanitary manner on public or private property within FPU's service area, any
human or animal excrement, garbage, or other objectionable waste.
(2)
It shall be unlawful to discharge to any waters of the state within
FPU's service area any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions of this
chapter.
(3)
Except as hereinafter provided, it shall be unlawful to construct or
maintain any privy, privy vault, septic tank, cesspool, or other facility intended
or used for the disposal of sewage.
(4)
Except as provided in subsection (5) below, the owner of all houses,
buildings, or properties used for human occupancy, employment, recreation, or
other purposes situated within FPU's service area and abutting on any street,
alley, or right-of-way in which there is now located a public sanitary sewer, is
hereby required at his expense to install suitable toilet facilities therein, and to
connect such facilities directly with the proper public sewer in accordance with
the provisions of this chapter, within thirty (30) days after date of official notice
to do so.
(5)
Property owners with availability to a public sanitary sewer as
defined herein shall be billed for sewer usage regardless of whether or not they
have physically connected to a public sanitary sewer as follows:
(a)
Any owner of property determined to have sewer availability
and whose building is located within one hundred feet (100') of a public
1
State law reference
18-13
sanitary sewer, shall be subject to full sewer service charges based on
water usage as determined by FPU's current schedule of charges and fees.
(b)
Any owner of property determined to have sewer availability
and whose building is located more than one hundred feet (100') away
from a public sanitary sewer, shall be subject to a minimum sewer service
charge as determined by FPU's current schedule of charges.
(c)
Where a public sanitary sewer is not available under the
previous subsection (4), the property owner shall not be charged for sewer
service.
(6)
The owner of a manufacturing facility may discharge wastewater
to the waters of the state provided he obtains an NPDES permit and meets all
the requirements of the Federal Clean Water Act, the NPDES permit, and any
other applicable local, state, or federal statutes and regulations.
(7)
Where a public sanitary sewer is not available under the provisions
of subsection (4), the building sewer shall be connected to a private sewage
disposal system complying with the provisions of §§ 18-207 and 18-208 of this
code.
(8)
FPU may adopt from time to time standard policies on public sewer
extensions which are to become part of FPU's sewer system following completion
of construction. These policies may include, but are not limited to, requirements
for planning, permitting, approval, funding and acceptance, design and
construction standards, standard specifications, and standard details. Copies of
the policies will be made available to engineers, developers, contractors,
plumbers, and other parties desiring to extend or connect to FPU's sewer
system. (1979 Code, § 13-203, as replaced by Ord. #2012-18, Dec. 2012)
18-204 Connection public sewer. (1) There shall be two (2)
classifications for application for service:
(a)
Residential; and
(b)
Commercial/industrial.
In either case, the owner or his agent shall make application for connection on
a special form furnished by FPU. Applicants for service to commercial/industrial
establishments shall be required to furnish information about all waste
producing activities, wastewater characteristics and constituents. The
application shall be supplemented by any plans, specifications or other
information considered pertinent in the judgment of FPU. The receipt by FPU
of a prospective customer's application for connection shall not obligate FPU to
render the connection. If the service applied for cannot be supplied the
connection charge will be refunded in full, and there shall be no liability to the
applicant for such service.
(2)
No person shall make connections of roof downspouts, sump pumps,
basement wall seepage or floor seepage, exterior foundation drains, areaway
drains, or other sources of surface runoff or ground water to a building sewer
which in turn is connected directly or indirectly to a public sanitary sewer. Any
18-14
such connections which already exist on the effective date of this chapter shall
be completely and permanently disconnected within sixty (60) days of the
effective day of this chapter.
(3)
No unauthorized person shall uncover, make any connections with
or opening into, use, alter, or disturb any public sewer or appurtenance thereof
without first obtaining a written application from FPU as required by §§ 18-210
or 18-211 of this chapter.
(4)
All costs and expenses related to the installation, connection, and
inspection of the building sewer shall be borne by the owner. The owner shall
indemnify FPU from any loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer.
(5)
A separate and independent building sewer shall be provided for
every building; except where one (1) building stands at the rear of another on
an interior lot and no private sewer is available or can be constructed to the rear
building through an adjoining alley, court, yard, or driveway, the building sewer
from the front building may be extended to the rear building and the whole
considered as one (1) building sewer.
(6)
Old building sewers may be used in connection with new buildings
only when they are found on examination and testing by FPU, to meet all
requirements of this chapter. All others must be sealed to the specifications of
FPU.
(7)
Building sewers shall conform to the following requirements:
(a)
The minimum size of a building sewer shall be four inches
(4").
(b)
The minimum depth of a building sewer shall be eighteen
inches (18").
(c)
Four inch (4") building sewers shall be laid on a grade
greater than one-eighth inch (1/8") per foot. Larger building sewers shall
be laid on a grade that will produce a velocity when flowing full of at least
two feet (2') per second.
(d)
Slope and alignment of all building sewers shall be neat and
regular.
(e)
Building sewers shall be constructed only of:
(i)
Ductile or cast iron soil pipe with solvent welded or
with rubber compression joints of approved type of pipe used; or
(ii)
Schedule 40 polyvinyl chloride pipe with solvent
welded or with rubber compression joints of approved type of pipe
used; or
(iii) Such other materials of equal or superior quality as
may be approved by FPU. Under no circumstances will cement
mortar joints be acceptable.
(f)
Cleanouts shall be provided to allow cleaning in the
direction of flow, and shall be located five feet outside of the building and
at each change of direction of the building sewer which is greater than
18-15
forty-five degrees (45"). Additional cleanouts shall be placed not more
than seventy-five feet (75') apart in horizontal building sewers of four
inch (4') nominal diameter and not more than one hundred feet (100')
apart for larger pipes. Cleanouts shall be extended to or above the
finished grade level directly above the place where the cleanout is
installed. "Ts" (tees) or Ys (wyes) and twenty-two and one-half degrees
(22 1/2") or forty-five degrees (45") fittings shall be used for the cleanout
base. Cleanouts shall not be smaller than four inches (4") on a four inch
(4") pipe
(g)
Connections of building sewers to the public sewer system
shall be made to the appropriate existing wyes or tees using compression
type couplings or collar type rubber joint with corrosion resisting or
stainless steel bands. Where existing wyes or tees are not available,
connections of building services shall be made by either removing a
length of pipe and replacing it with a wye or tee fitting or cutting a clean
opening in the existing public sewer and installing a tee-saddle or teeinsert of a type approved by FPU. Where connections are made with pipes
of different inside or outside diameter, proper watertight gasket or
sleeved transition connections shall be used. All such connections shall
be made gastight and watertight.
(h)
The building sewer may be brought into the building below
the basement floor when gravity flow from the building to the sanitary
sewer is at a grade of one-eighth inch (1/8") per foot or more. In cases
where basement or floor levels are lower than the ground elevation at the
point of connection to the sewer, adequate precautions by installation of
check valves or other backflow prevention devices to protect against
flooding shall be provided by the owner. In all buildings in which any
building sewer is too low to permit gravity flow to the public sewer,
sanitary sewage carried by such building sewer shall be lifted by a
private sewage pumping station and discharged to the building sewer at
the expense of the owner. If the public sewer available to a particular
parcel is low pressure sewer, then connection to such public sewer shall
be by an approved private sewage pumping station and low pressure
sewer service line.
(i)
The methods to be used in excavating, placing of pipe,
jointing, testing, backfilling the trench, or other activities in the
construction of a building sewer which have not been described above
shall conform to the requirements of the building and plumbing code or
other applicable rules and regulations of FPU or to the procedures set
forth in appropriate specifications of the ASTM and Water Pollution
Control Federal Manual of Practice No. 9. Any deviation from the
prescribed procedures and materials must be approved by FPU before
installation.
(j)
An installed building sewer shall be gastight and watertight.
18-16
(8)
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from hazards.
Streets, sidewalks, parkways and other public property disturbed in the course
of the work shall be restored in a manner satisfactory to FPU.
(9)
Building sewers and sewer line extensions shall be designed and
constructed in accordance with the latest revision of the "Standard
Specifications for Water Distribution and Sewerage Systems" of FPU. Such
specifications for private sewage pumping stations may require the use of
grinder pumps and other related equipment which are the products of specific
manufacturers. Such requirements shall be based on FPU's assessment of the
equipment's economy, quality, and durability, and the need to develop locally
available maintenance capabilities and replacement part inventories for the
pumping station components. (1979 Code, § 13-204, as replaced by
Ord. #2012-18, Dec. 2012)
18-205. Inspection of connections. (1) The sewer connection and all
building sewers from the building to the public sewer main line shall be
inspected by FPU and subject to testing before the underground portion is
covered.
(2)
The applicant for discharge shall notify FPU when the building
sewer and connection are ready for inspection.
(3)
FPU shall have free and unobstructed access to any part of the
premises where building sewers or other drains connected with or draining into
the public sewers are laid for the purpose of examining the construction,
condition, and method of use of the same, upon cause or reasonable suspicion
that there may be inadequate plumbing, that the facilities present may not be
properly functioning, that there is an improper discharge, or for a periodic
systematic inspection of a particular drainage basin or other large segment of
the system at any time of the day between the hours of 7:00 A.M. and 6:00 P.M.
or any other time in the event of an emergency. If such entry is refused, the
sewer service may be suspended immediately in the event of an emergency if
there is reasonable cause to suspect that the discharge will endanger the public
health or the environment, have the potential to interrupt the treatment
process, or damage FPU's lines or facilities; and a hearing shall thereafter be
afforded the user as soon as possible. (1979 Code, § 13-205, as replaced by
Ord. #2012-18, Dec. 2012)
18-206. Maintenance responsibility of building sewers. (1) Each
individual property owner or user of the POTW shall be entirely responsible for
the maintenance of the building sewer located on private property. This
maintenance will include repair or replacement of the service line as deemed
necessary by FPU to meet its specifications.
(2)
When an owner of property leases premises to any other person as
a tenant under any rental or lease agreement, if either the owner or the tenant
18-17
is a commercial/industrial user, either or both may be held responsible for
compliance with the provisions of this chapter.
(3)
When a building is demolished, or in the case of a mobile home
when it is removed from the premises, it shall be the responsibility of the
property owner to have the sewer service line plugged securely so that
extraneous water will not enter the sewer. The owner of the premises or his
agent shall notify FPU of such a plug and allow same to be inspected prior to
covering of any work. If such line is to be reused, it must first undergo
inspection by FPU, and be in conformity with current standards for building
sewers.
(4)
Excluding those industrial waste facilities with a permit issued
pursuant to § 18-211, the owner or operator of a private sewer system such as,
but not limited to, multi-tenant buildings, building complexes, and shopping
centers shall be responsible for the quality of wastewater discharged at the point
of connection to FPU's sanitary sewer system and shall be responsible for any
violations of the provisions of this chapter, including liability for the damage or
injury caused to FPU as a result of any discharge through the private system.
(5)
Special limitations. (a) Garbage grinders. No waste from
commercial or institutional garbage grinders shall be discharged into
FPU's sewers except from private garbage grinders used in an individual
residence or upon approval of FPU for preparation of food consumed on
premises.
(b)
Vehicle wash racks. All new gasoline filling stations,
garages, self-service automobile washers, and other public wash racks
where vehicles are washed shall install and maintain (e.g., clean on a
regular schedule) catch basins, subject to the approval of FPU. In the
event any existing premises does not have a catch basin and the sewer
line servicing the facility stops up due to grit or slime in the sewer lines,
the owner or operator of such premises shall be required to modify these
facilities to construct a catch basin as a condition of continuing use of the
system.
(c)
Grease traps, grit traps, oil traps, and lint traps. All new
restaurants, laundries, wash racks, vehicle service stations, private
multi-user systems, engine or machinery repair shops, and other facilities
that produce grease, grit, oil, lint, or other materials which accumulate
and cause or threaten the safety of its employees shall install and
maintain (e.g., clean on a regular schedule) grease control equipment
consisting of a grease trap, grit trap, lint trap, oil interceptor, or other
appropriate device of standard design and construction to prevent excess
discharges of such materials. The design and construction of any such
device shall be subject to prior approval of FPU and constructed in
accordance with applicable building codes. Such establishments must also
adhere to rules and regulations of FPU's Fats, Oils, and Grease (FOG)
18-18
policy. All food service establishments shall be subject to FPU's Food
Service Establishment Enforcement Response Guide (FSE-ERG).
(d)
Temporary facilities. No person shall discharge any
substance directly into a manhole or other opening in a sanitary sewer
other than through an approved building sewer unless he has been issued
a temporary permit by FPU. Permission may be granted at the discretion
of FPU to provide for discharges from portable sanitary facilities for
festivals or public shows or for other reasonable purposes. FPU shall
incorporate in such a temporary permit such conditions as it deems
reasonably necessary to ensure compliance with the provisions of this
chapter.
(6)
Private sewage pumping station. Each individual property owner
or user of the POTW whose sewage discharge requires the use of a private
sewage pumping station shall be entirely responsible for the maintenance and
replacement, as required, of the pumping system specifically including the
pumps, pump chamber, piping, valves, electrical components, and other
appurtenances. Each such individual property owner or user of the POTW shall
also be entirely responsible for all portions of the connecting piping from the
private sewage pumping station to the public sewer which is located on private
property. Any private sewage pump system regulated by this chapter that is
unsafe, or that constitutes an insanitary condition, or is otherwise dangerous to
human life is hereby declared unsafe. Any use of private sewage pump systems
regulated by this chapter constituting a hazard to safety, health or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any
such unsafe equipment is hereby declared a public nuisance and shall be abated
by repair, rehabilitation, demolition, or removal. FPU may provide replacement
or repair of the private sewage pump station in the event of an emergency or
unsafe conditions and charge the owner for labor and materials or the fee
necessary to have the work contracted. (1979 Code, § 13-206, as replaced by
Ord. #2012-18, Dec. 2012)
18-207. Availability of public sewer. (1) Where a public sanitary
sewer is not available under the provisions of § 18-203(4), the building sewer
shall be connected to a private wastewater disposal system complying with the
provisions of this section.
(2)
Any residence, office, recreational facility, or other establishment
used for human occupancy where the building sewer is below the elevation
necessary to obtain a grade equivalent to one-eighth inch (1/8") per foot to the
point of connection to the sewer but is otherwise accessible to a public sewer as
provided in § 18-203, the owner shall provide a private sewage pumping station
as provided in § 18-204(7)(h).
18-19
(3)
Where a public sewer becomes available, the building sewer shall
be connected to the public sewer within thirty (30) days after date of official
notice to do so.
(4)
FPU is authorized to require and issue letters of availability to any
person seeking to determine whether sewer capacity is available for any parcel
of property. Such letter may contain specific time limits and/or expiration dates.
(1979 Code, § 13-207, as replaced by Ord. #2012-18, Dec. 2012)
18-208. Requirements for private wastewater disposal. (1) A
private domestic wastewater disposal system may not be constructed within
FPU's sewer service area unless and until a certificate is obtained from FPU
stating that a public sewer is not available to the property and no such sewer is
proposed for construction in the immediate future. No certificate shall be issued
for any private domestic wastewater disposal system employing subsurface soil
absorption facilities where the area of the lot is less than that specified by the
Lincoln County Health Department.
(2)
Before commencement of construction of a subsurface soil
absorption facility, the owner shall first obtain written permission from the
Lincoln County Health Department. The owner shall supply any plans,
specifications, and other information as are deemed necessary by the Lincoln
County Health Department.
(3)
A subsurface soil absorption facility shall not be placed in operation
until the installation is completed to the satisfaction of the Lincoln County
Health Department. They shall be allowed to inspect the work at any stage of
construction and, in any event, the owner shall notify the Lincoln County Health
Department when the work is ready for final inspection, and before any
underground portions are covered. The inspection shall be made within a
reasonable period of time after the receipt of notice by the Lincoln County
Health Department.
(4)
The type, capacity, location, and layout or a subsurface soil
absorption facility shall comply with all recommendations of TDEC and/or the
Lincoln County Health Department. No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
(5)
The owner shall operate and maintain the subsurface soil
absorption facility in a sanitary manner at all times, at no expense to FPU.
(6)
No statement contained in this chapter shall be construed to
interfere with any additional requirements that may be imposed by the Lincoln
County Health Department. (1979 Code, § 13-208, as replaced by Ord. #2012-18,
Dec. 2012)
18-209. Holding tank waste disposal permit. (1) No person, firm,
association or corporation shall haul in or truck to the POTW any type of
domestic, commercial or industrial waste unless such person, firm, association
or corporation obtains written approval from FPU to perform such acts or
18-20
services. Any person, firm, association or corporation desiring a permit to
perform such services shall file an application for discharge permit in
compliance with the provisions of § 18-213 of this code
(2)
It will be at the discretion of FPU to accept or refuse any truckload
waste that could interfere with the operations of the POTW.
(3)
Failure to comply with all provisions of the permit or this chapter
shall be sufficient cause for the revocation of such permit by FPU. Fees will be
established in a separate fee schedule adopted by FPU. (1979 Code, § 13-209,
18-210. Application for discharge of residential domestic
wastewater. All users or prospective user which generate domestic wastewater
shall make application to FPU for written authorization to discharge to the
POTW. Applications shall be required from all new dischargers as well as for
any existing discharger desiring additional service. Connection to the sewer
shall not be made until the application is received and approved by FPU, the
building sewer is installed in accordance with § 18-204 of this chapter and an
inspection has been performed by FPU. (1979 Code, § 13-210, as replaced by
Ord. #2012-18, Dec. 2012)
18-211. Application for discharge of commercial or industrial
wastewater. All commercial or industrial users proposing to connect to or
contribute to the POTW shall obtain a wastewater discharge permit application
before connecting to or contributing to the POTW. It may be determined through
the application that a user needs a discharge permit according to the provisions
of federal and state laws and regulations. Applications shall be required from
all new dischargers as well as for any existing discharger desiring additional
service or where there is a planned change in the wastewater treatment process.
18-212. General discharge prohibitions. (1) General prohibitions.
(a)
A user may not introduce into the POTW any pollutant(s)
which cause pass through or interference as defined herein or as defined
in § 18-202. These general prohibitions and the specific prohibitions in
subsection (2) of this section apply to each user introducing pollutants
into the POTW whether or not the user is subject to other national
categorical pretreatment standards or any national, state, or local
pretreatment requirements.
(2)
A user may not contribute the following substances to the POTW:
(a)
Pollutants which create a fire or explosive hazard in the
POTW; or any liquids, solids, or gases which by reason of their nature or
quantity are, or may be, sufficient either alone or by interaction with
other substances to cause fire or explosion or be injurious in any other
way to the POTW or to the operation of the POTW, including but not
18-21
limited to, wastestreams with a closed-cup flashpoint of less than one
hundred forty degrees Fahrenheit (140" F) (sixty degrees Centigrade
(60"C)) using the test methods specified in 40 C.F.R. 261.21;
(b)
Any wastewater having a pH less than 5.5 or higher than
9.5 or any other corrosive property capable of causing damage or hazard
to structures, equipment, and/or personnel of the POTW;
(c)
Solid or viscous pollutants in amounts which may cause
obstruction to the flow in a sewer line or to the POTW system resulting
in interference as defined herein;
(d)
Any pollutants, including oxygen demanding pollutants
(BOD, COD, etc.) released at a flow rate and/or pollutant concentration
which will cause interference to the POTW;
(e)
Any wastewater having a temperature which will inhibit
biological activity in the POTW treatment plant resulting in interference,
but in no case wastewater with a temperature at the introduction into the
POTW which exceeds one hundred four degrees Fahrenheit (104" F) (forty
degrees Centigrade (40" C));
(f)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass
through;
(g)
Pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems;
(h)
Any trucked or hauled pollutants or holding tank waste
unless granted a permit;
(i)
Any noxious or malodorous liquids, gases, or solids which
either singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry into
the sewers for maintenance and repair;
(j)
Any wastewater causing discoloration of the wastewater
treatment plant effluent to the extent that the receiving stream water
quality requirements would be violated, such as, but not limited to, dye
wastes and vegetable tanning solutions;
(k)
Any wastewater containing any radioactive wastes or
isotopes except in compliance with applicable state or federal regulations;
(l)
Any stormwater, surface water, groundwater, roof runoff,
subsurface drainage, uncontaminated cooling water, or unpolluted
industrial process waters to any sanitary sewer. (Stormwater and all
other unpolluted drainage shall be discharged to such sewers as are
specifically designated as storm sewers, or to a natural outlet approved
by FPU and TDEC. Industrial cooling water or unpolluted process waters
may be discharged on approval of FPU and TDEC, to storm sewer or
natural outlet);
18-22
(m) Any substance which may cause the POTW's effluent or any
other product of the POTW such as residues, sludge, or scum, to be
unsuitable for reclamation and reuse or to interfere with the reclamation
process (in no case, shall a substance discharged to the POTW cause the
POTW to be in non-compliance with sludge use or disposal criteria,
guidelines, or regulations developed under section 405 of the Act; or any
criteria, guidelines, or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, the Clean Air Act,
the Toxic Substances Control Act, or state criteria applicable to the
sludge management method being used);
(n)
Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail toxicity test, or to violate its
NPDES permit;
(o)
Any wastewater containing any toxic pollutants, chemical
elements, or compounds in sufficient quantity, either singly or by
interaction with other pollutants, to injure or interfere with any
wastewater treatment process, constitute a hazard to humans or animals,
create a toxic effect in receiving waters of the POTW, or to exceed the
limitation set forth in a categorical pretreatment standard (a toxic
pollutant shall include, but not be limited to, any pollutant identified
pursuant to section 307(a) of the Act);
(p)
Any waters or wastes causing an unusual volume of flow or
concentration of waste constituting a "slug discharge" as defined herein;
(q)
Any wastewater which causes a hazard to human life or
creates a public nuisance;
(r)
Any waters or wastes containing fats, wax, grease, or oil,
whether emulsified or not, in excess of one hundred (100) mg/l or
containing substances which solidify or become viscous at temperature
between thirty-two and one hundred forty degrees Fahrenheit (32" and
140" F) (zero and sixty degrees Centigrade (0" and 60" C)), or lower
concentrations that are shown to interfere with the POTW; or
(s)
Any substance which if otherwise disposed of would be
classified as a hazardous waste under 40 C.F.R. 261; or
(t)
Detergents, surface active agents, or other substances that
cause excessive foaming at the POTW; or
(u)
Medical waste, including isolation waste, infectious agents,
pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, and dialysis wastes, except as specifically authorized by FPU in
a wastewater discharge permit; or
(v)
Any water or wastes which exceed maximum concentrations
listed in Table B of § 18-213; or
(w)
Except where expressly authorized to do so by an applicable
pretreatment standard or requirement, no industrial user shall ever
increase the use of process water, or in any other way attempt to dilute
18-23
a discharge as a partial or complete substitute for adequate treatment to
achieve compliance with a pretreatment standard or requirement. (1979
Code, § 13-212, as replaced by Ord. #2012-18, Dec. 2012)
18-213. Restrictions on wastewater strength. (1) Plant protection.
No person or user shall discharge wastewater which exceeds the plant protection
criteria unless an application for discharge of commercial or industrial
wastewater has been filed and an industrial wastewater discharge permit has
been granted as stated in § 18-211 of this chapter. The plant protection criteria
shall be set forth in a separate schedule that may be modified from time to time
by FPU.
(2)
Local limitations. No IU, SIU, or person shall discharge, directly
or indirectly, into the POTW, wastewater containing any substances in
concentrations exceeding those contained in the local limits schedule. The local
limits shall be set forth in a separate schedule that may be modified from time
to time by FPU. Concentration limits are applicable to the wastewater effluent
point prior to discharge into the POTW (end of pipe concentrations).
(a)
To assure that the local limits are not violated, FPU shall
issue permits to significant industrial users limiting the discharge of the
substances noted in the local limits schedule.
(b)
Limitations on local limit wastewater strength may be
supplemented if the limitations in the local limits schedule:
(i)
Are not sufficient to protect the POTW;
(ii)
Are not sufficient to allow the POTW to comply with
applicable water quality standards;
(iii) Are not sufficient for the POTW biosolids to render
acceptable limits for disposal; or
(iv) Will cause endangerment to the public or FPU.
(c)
The local limit schedule shall be reviewed and recalculated
at least once every five (5) years. Any industrial wastewater discharge
permits which are affected shall be revised and amended appropriately.
(d)
No user shall increase the use of process water or, attempt
to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with a pretreatment standard (40 C.F.R.
403.6d).
(3)
Upon the promulgation of a national categorical pretreatment
standard the standard, if more stringent than the limitations in the local limits
schedule, shall immediately supersede the limitations imposed in the local
limits schedule.
(4)
Surcharge fees. Any discharge which has characteristics based on
a composite or grab sample which exceed the following normal maximum
domestic wastewater parameter concentrations listed in Table A will be subject
to surcharge fees contained in the most current schedule adopted by FPU.
Surcharges are intended to recover the cost of treating high strength discharges.
18-24
Surcharge Criteria
Table A
Parameter
Concentration
250 mg/l
500 mg/l
250 mg/l
Total Kjeldahl Nitrogen
40 mg/l
(5)
Daily maximum limits. The maximum concentration of a pollutant
listed in Table B that can be discharged without enforcement action being taken.
Exceeding daily maximum limits will result in enforcement action as listed in
Enforcement Response Plan (ERP).
Daily Maximum Limits
Table B
Parameter
Concentration
650 mg/l
1,300 mg/l
650 mg/l
Total Kjeldahl Nitrogen
100 mg/l
18-214. Protection of treatment plan influent--more restrictive
criteria. FPU may regulate the protection of the treatment plant influent by
requiring specific wastewater discharge criteria which would be more restrictive
than the plant protection criteria or local limits when wastes are determined to
be harmful or destructive to the POTW, to create a public nuisance, to cause the
discharge of the POTW to violate effluent or stream quality standards, to
interfere with the use or handling of sludge, to pass through the POTW
resulting in a violation of the NPDES permit, or to exceed industrial standards
for discharge to municipal POTWs as imposed or as may be imposed by TDEC
and/or the EPA. (1979 Code, § 13-214, as replaced by Ord. #2012-18, Dec. 2012)
18-215. Industrial pretreatment regulations. In order to comply
with federal industrial pretreatment rules 40 C.F.R. 403 and Tennessee
18-25
Pretreatment Rules 1200-4-14 and to fulfill the purpose and policy of this
chapter the following regulations are adopted:
(1)
All system users must follow the general discharge specifications
stated in §§ 18-212 and 18-213 of this chapter.
(2)
Discharge users wishing to discharge pollutants at higher
concentrations than the plant protection criteria of § 18-213 of this chapter, or
those dischargers who are classified as significant industrial users will be
required to meet the requirements of this chapter. Users who discharge waste
which falls under the criteria specified in this chapter and who fail to or refuse
to follow the provisions shall face termination of service and/or enforcement
action specified in § 18-219.
(a)
Discharge users to the sewer system shall be regulated
through the use of a permit system.
(b)
Discharge permits shall limit concentrations of discharge
pollutants to those levels that are established as local limits or other
applicable state and federal pretreatment rules which may be in effect or
take effect after the passage of this chapter.
(3)
Application contents shall include, but not be limited to the
following information:
(a)
Identifying information;
(b)
Name, address, contact/owner information;
(c)
A list of permits currently held by the facility;
(d)
A description of operations and type of waste including
volumes;
(e)
Known constituents and characteristics including those
listed in § 18-218;
(f)
Daily, monthly and seasonal or peak flows;
(g)
A description of all chemicals and raw materials handled on
the premises;
(h)
Product produced by type, amount, process and rate of
production;
(i)
Number of employees and hours of operation;
(j)
Site plans, floor plans showing all sewers, floor drains, and
appurtenances by size, location and elevation, and all points of discharge;
(k)
Proposed locations for monitoring each waste stream to be
covered by the permit;
(l)
Proposed pretreatment systems or equipment and/or
operation and maintenance procedures necessary to meet applicable
pretreatment standards and requirements; and
(m) Any other information deemed necessary by FPU.
(4)
New construction or additional facilities that may be required by
a user for pretreatment shall, as part of the application for wastewater
discharge permit, submit plans, specifications, and other pertinent information
relative to the proposed construction to FPU for approval. Plans and
18-26
specifications submitted for approval must bear the seal of a professional
engineer registered to practice engineering in the State of Tennessee. A
wastewater discharge permit shall not be issued until such plans and
specifications have been approved. Such approval shall in no way relieve the
user from the responsibility of modifying the facility as necessary to produce an
effluent under the provisions of this chapter.
(5)
If additional pretreatment and/or operation and maintenance will
be required to meet the pretreatment standards and pretreatment
requirements, the application shall include the shortest schedule by which the
user will provide such additional pretreatment. The completion date in this
schedule shall not be later than the compliance date established for the
applicable pretreatment standard.
(6)
Schedules required by subsection (5) of this section shall maintain
the following conditions:
(a)
The schedule shall contain increments of progress in the
form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the industrial user to meet the applicable categorical
pretreatment standards (e.g., hiring an engineer, completing preliminary
plans, completing final plans, executing contract for major components,
commencing construction, completing construction, etc.). No increment
of progress shall exceed nine (9) months.
(b)
No later than fourteen (14) days following each date in the
schedule and the final date for compliance, the industrial user shall
submit a progress report to FPU including, at a minimum, whether or not
it complied with the increment of progress to be met on such date and, if
not, the date on which it expects to comply with this increment of
progress, the reason for delay, and the steps taken by the industrial user
to return the construction to the schedule established. In no event shall
more than nine (9) months elapse between such progress reports to FPU.
(7)
Evaluation of the data from the application furnished by the user
will be completed by FPU. Additional information may be required. After
acceptance of the data furnished, FPU may issue a wastewater discharge permit
subject to terms and conditions provided herein.
(8)
The receipt by FPU of a prospective customer's application for
wastewater discharge permit shall not obligate FPU to render the wastewater
collection and treatment service. If the service applied for cannot be supplied in
accordance with this chapter or FPU's rules and regulations and general
practice, the application shall be rejected and there shall e no liability of FPU
to the applicant of such service.
(9)
Applications containing all the information required in this section
will be acted on by FPU. Persons who have filed incomplete applications will be
notified that the application is deficient and of the nature of such deficiency. The
applicant will be given thirty (30) days to make the proper corrections. If the
18-27
deficiency is not corrected within thirty (30) days or within such extended period
as allowed, FPU shall submit the application to the FPU board with a
recommendation that it be denied and notify the applicant in writing of such
action.
(10) Applications for wastewater discharge permits shall be signed by
the authorized representative.
(11) Permit contents. (a) Wastewater discharge permits shall be
expressly subject to all provisions of this chapter and all other applicable
regulations, user charges, and fees established by FPU. All wastewater
discharge permits shall contain at a minimum the following:
(i)
Statement of duration (issuance date, expiration date,
and effective date) not to exceed five (5) years;
(ii)
Statement of non-transferability;
(iii) Effluent limits, including BMPs; based on applicable
pretreatment standards;
(iv) Self monitoring, sampling, reporting, notification, and
record-keeping requirements, including identification of the
pollutants to be monitored, sampling location, sampling frequency,
and sample type, based on federal, state and local law;
(v)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedules (such schedules may not extend
the compliance beyond that required by applicable federal, state,
or local laws);
(vi) Requirements to control slug discharges, if
determined by FPU to be necessary;
(vii) Immediate notification requirements of any changes
at the facility affecting potential for a slug discharge; and
(viii) A statement allowing for the installation and
maintenance of inspection and sampling facilities and equipment,
including flow measurement devices.
(b)
Additionally, permits may contain the following:
(i)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a public sewer;
(ii)
Requirements for the development of spill control
plans necessary to prevent accidental or unanticipated discharges;
(iii) Limits on average and maximum rates and time of
discharge or requirements and for equalization;
(iv) Requirements for installation and maintenance of
inspections and sampling facilities, including flow measurement
devices; and
(v)
Other conditions as deemed appropriate by FPU to
ensure compliance with this chapter.
18-28
(12) Permit modifications. Within nine (9) months of the promulgation
of a national categorical pretreatment standard, the wastewater discharge
permit of users subject to such standards shall be revised to require compliance
with such standard within the time frame prescribed by such standard. A user
with an existing wastewater discharge permit shall submit to FPU within one
hundred eighty (180) days after the promulgation of an applicable national
categorical pretreatment standard the information required by § 18-215(3) and
(4). The user shall be informed of any proposed changes in this permit at least
thirty (30) days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for compliance
unless state or federal regulations set a specific time schedule. The terms and
conditions of the permit may be subject to modification by FPU during the term
of the permit in accordance with the following conditions:
(a)
To incorporate any new or revised federal, state, or local
pretreatment standards or requirements, including changes in the
POTW's pass-through limits or NPDES permit limitations;
(b)
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the time of
the individual wastewater discharge permit issuance;
(c)
A change in the POTW that requires either a temporary or
a permanent reduction of the authorized discharge;
(d)
Information indicating that the permitted discharge poses
a threat to the POTW, FPU personnel, or the receiving waters;
(e)
Violation of the terms of conditions of the wastewater
discharge permit;
(f)
Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in the required
reporting;
(g)
To correct typographical or other errors in the wastewater
discharge permit; or
(h)
To reflect transfer of facility ownership or operation to a new
owner or operator.
(13) Permit duration. Permits shall be issued for a specified time period,
not to exceed five (5) years. The user shall apply for permit reissuance a
minimum of one hundred eighty (180) days prior to the expiration of the user's
existing permit. Permit is voidable by the utility upon nonuser, cessation of
operations, or transfer of business ownership. Permit is void upon issuance of
a new wastewater discharge permit.
(14) Permit transfer. Wastewater discharge permits are nontransferable. A wastewater discharge permit shall not be reassigned,
transferred, or sold to a new owner, new user, different premises, or a new or
changed operation.
18-29
(15) Revocation of permit. Any permit issued under the provisions of
this chapter is subject to be revoked in whole or in part during its term for
causes including, but not limited to, the following:
(a)
Violation of any terms or conditions of the wastewater
discharge permit or other applicable federal, state, or local law or
regulation;
(b)
Obtaining a permit by misrepresentation or failure to
disclose fully all relevant facts;
(c)
A change in any condition that requires either a temporary
or permanent reduction or elimination of the permitted discharge;
(d)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring;
(e)
Failure to notify FPU of significant changes to the
wastewater prior to changed discharge;
(f)
Falsifying self-monitoring reports and certification
statements;
(g)
Tampering with monitoring equipment;
(h)
Failure to comply with the requirements of an enforcement
notice or order;
(i)
Operating with an expired wastewater discharge permit
(unless timely application for renewal has been submitted); or
(j)
Failure to provide advance notice of the transfer of business
ownership.
(16) Confidential information. All information and data on a user
obtained from reports, questionnaire permit application, permits and monitoring
programs, and from inspections shall be available to the public or any other
governmental agency without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of FPU that the release of such
information would divulge information, processes, or methods of production
entitled to protection as trade secrets of the user.
When requested by the person furnishing the report, the portions of a
report which might disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available to
governmental agencies for use related to this chapter, FPU's NPDES permit, or
the user's NPDES permit. Provided, however, that such portions of a report
shall be available for use by the state or any state agency in judicial review or
enforcement proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
Information accepted by FPU as confidential shall not be transmitted to
any governmental agency or to the general public by FPU until and unless prior
and adequate notification is given to the user. (1979 Code, § 13-215, as replaced
by Ord. #2012-18, Dec. 2012)
18-30
18-216. Industrial pretreatment requirements. (1) Monitoring
facilities. The installation of a monitoring facility may be required for any
industrial user. A monitoring facility may be a manhole or other suitable facility
approved by FPU. When in the judgment of FPU there is a significant difference
in wastewater constituents and characteristics produced by different operations
of a single user, FPU may require that separate monitoring facilities be
installed for each separate source of discharge. Monitoring facilities shall be
constructed and maintained at the user's expense. The purpose of the facility is
to enable inspection, sampling and flow measurement of wastewater produced
by a user. If sampling or metering equipment is required, it shall be provided
and installed at the user's expense. All sampling and metering equipment shall
be approved by FPU before installation. The monitoring facility will normally
be required to be located on the user's premises outside of the building. There
shall be ample room in or near such sampling manhole or facility to allow
accurate sampling and preparation of samples for analysis. Whether constructed
on public or private property, the monitoring facility shall be constructed in
accordance with FPU's requirements and all applicable FPU construction
standards and specifications. When, in the judgment of FPU, an existing user
requires a monitoring facility, the user will be so notified in writing.
Construction must be completed within one hundred eighty (180) days following
written notification unless an extension is granted by FPU.
(2)
Housekeeping.
The facility and sampling and measuring
equipment shall be maintained at all times in a safe and proper operating
condition, and kept clean, at the expense of the user. The failure of a user to
keep its monitoring facility in good working order shall not be grounds for the
user to claim that sample results are unrepresentative of its discharge.
(3)
Inspection and sampling. FPU will inspect the facilities of any user
to ascertain whether the purpose of this chapter is being met and all
requirements are being complied with. Persons or occupants of premises where
wastewater is created or discharged shall allow FPU ready access at all
reasonable times to all parts of the premises for the purpose of inspection,
sampling, records examination or in the performance of any of their duties.
FPU, the approval authority, or the EPA shall have the right to set up on the
user's property such devices as are necessary to conduct sampling, inspection,
compliance monitoring, and/or metering operations. Where a user has security
measures to enforce which would require proper identification and clearance
before entry into their premises, the user shall make necessary arrangements
with their security guards so that upon presentation of suitable identification,
FPU, the approval authority, or the EPA will be permitted to enter, without
delay, for the purposes of performing their specific responsibilities. FPU will
inspect and sample the effluent from each significant industrial user at least
once every twelve (12) months.
(4)
Safety. While performing the necessary work on private properties,
FPU shall observe all safety rules applicable to the premises established by the
18-31
company and the company shall be held harmless for injury or death to FPU
employees. FPU shall indemnify the company against loss or damage to its
property by FPU employees and against liability claims and demands for
personal injury or property damages asserted against the company and growing
out of the monitoring and sampling operation, except as such may be caused by
negligence or failure of the company to maintain safe conditions.
(5)
Accidental and slug discharge requirements. (a) Protection from
accidental and slug discharge. All industrial users shall provide such
facilities and institute such procedures as are reasonably necessary to
prevent or minimize the potential for accidental or slug discharge in the
POTW of waste regulated by this chapter from liquid or raw material
storage areas, from truck and rail car loading and unloading areas, from
in-plant transfer or processing and materials handling areas, and from
dikes or holding ponds of any waste regulated by this chapter. The
wastewater discharge permit of any user who has a history of significant
leaks, spills, or other accidental discharge of waste regulated by this
chapter shall be subject on a case-by-case basis to a special permit
condition or requirement for the construction of facilities or establishment
of procedures which will prevent or minimize the potential for such
accidental discharge. Facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the user's
expense. Detailed plans showing the facilities and operating procedures
shall be submitted to FPU before the facility is constructed. The review
and approval of such plans and operating procedures will in no way
relieve the user from the responsibility of modifying the facility to provide
the protection necessary to meet the requirements of this chapter.
(b)
Notification of accidental discharge or slug discharge. Any
person causing or suffering any slug or accidental discharge or a
discharge, whether accidental or not, which presents or may present an
imminent or substantial endangerment to human health and welfare or
the environment, or which is likely to cause interference with the POTW,
shall immediately notify FPU by telephone to enable countermeasures to
be taken to minimize damage to the POTW, the health and welfare of the
public, and the environment. The notification shall include the location
of the discharge, type of waste, concentration and volume (if known), and
corrective action taken by user.
This notification shall be followed, within five (5) days of the date
of occurrence, by a detailed written statement describing the cause of the
discharge and the measures being taken to prevent future occurrences.
Such notification will not relieve the user of liability for any
expense, loss or damage to the POTW, fish kills, or any other damage to
person or property; nor shall such notification relieve the user of any
fines, civil penalties, or other liability which may be imposed by this
chapter or state or federal law.
18-32
(c)
Slug discharge control program. FPU shall evaluate whether
each significant industrial user needs a plan or procedure to control
accidental or slug discharges. For new sources, this evaluation must be
performed within twelve (12) months of commencing discharge. If FPU
decides that an accident or slug discharge control plan is needed, the plan
shall contain, at a minimum, the following elements:
(i)
Description of discharge practices, including nonroutine batch discharges;
(ii)
Description of stored chemicals;
(iii) Procedures for immediately notifying the POTW of
slug discharges, including any discharge that would violate a
prohibition under §§ 18-212 or 18-213, with procedures for followup written notification within five (5) days;
(iv) Any necessary procedures to prevent accidental spills,
inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of
plant site run-off, and worker training;
(v)
Any necessary measures for building containment
structures or equipment;
(vi) Any additional measures necessary for containing
toxic organic pollutants (including solvents);
(vii) Any necessary procedures and equipment for
emergency response; and
(viii) Any necessary follow-up practices to limit the damage
suffered by the POTW or the environment.
(6)
Bypass. (a) For the purposes of this section:
(i)
Bypass means the intentional diversion of
wastestreams from any portion of a user's treatment facility.
(ii)
Severe property damage means substantial physical
damage to property, damage to the treatment facilities which
causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production.
(b)
A user may allow any bypass to occur which does not cause
pretreatment standards or requirements to be violated, but only if it also
is for essential maintenance to assure efficient operation. These bypasses
are not subject to the provisions of subsections (c) and (d) of this section.
(c)
Bypass notifications:
(i)
If a user knows in advance of the need for a bypass,
it shall submit prior notice to FPU, at least ten (10) days before the
date of the bypass, if possible.
(ii)
A user shall submit oral notice to FPU of an
unanticipated bypass that exceeds applicable pretreatment
18-33
standards within twenty-four (24) hors from the time it becomes
aware of the bypass. A written submission shall also be provided
within five (5) days of the time the user becomes aware of the
bypass. The written submission shall contain a description of the
bypass and its cause; the duration of the bypass, including exact
dates and times, and, if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the
bypass. FPU may waive the written report on a case by case basis
if the oral report has been received within twenty-four (24) hours.
(d)
Bypass. (i) Bypass is prohibited, and FPU may take an
enforcement action against a user for a bypass, unless:
(A)
Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
(B)
There were no feasible alternatives to the
bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes, or maintenance during
normal periods of equipment downtime. This condition is
not satisfied if adequate back up equipment should have
been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance;
and
(C)
The user submitted notices as required under
subsection (c) of this section.
(ii)
FPU may approve an anticipated bypass, after
considering its adverse effects, if FPU determines that it will meet
the three (3) conditions listed in subsection (d)(i) of this section.
18-217. National categorical pretreatment standards. Upon the
promulgation of the national categorical pretreatment standards for a particular
industrial subcategory, the national categorical standard, if more stringent than
limitations imposed under the chapter for sources in that subcategory, shall
immediately supersede the limitations imposed under this chapter. FPU shall
notify all affected users of the applicable reporting requirements under 40
C.F.R., section 403.12. Compliance with national categorical pretreatment
standards for existing sources subject to such standards, or for existing sources
which hereafter become subject to such standards, shall be achieved within
three (3) years following promulgation of the standards unless a shorter
compliance time is specified. Compliance for new sources shall be required upon
promulgation. New sources shall have in operating condition and shall start up
all pollution control equipment required to meet applicable pretreatment
standards before beginning to discharge within the shortest feasible time (not
18-34
to exceed ninety (90) day). New sources must meet all applicable pretreatment
standards. (1979 Code, § 13-217, as replaced by Ord. #2012-18, Dec. 2012)
18-218. Reporting requirements. Users, whether permitted or not
permitted, may be required to submit reports detailing the nature and
characteristics of their discharges according to the following subsections. Failure
to make a requested report in the specified time is a violation subject to
enforcement actions.
(1)
Baseline monitoring report. Within either one hundred eighty (180)
days after the effective date of a categorical pretreatment standard, or the final
administrative decision on a category determination under Tennessee Rule
1200-4-14-.06(1)(d), whichever is later, existing categorical industrial users
currently discharging to or scheduled to discharge to the POTW shall submit to
FPU a report which contains the information listed below. At least ninety (90)
days prior to commencement of their discharge, new sources, and sources that
become categorical industrial users subsequent to the promulgation of an
applicable categorical standard, shall submit to FPU a report which contains the
information listed in subsections (a) through (h) below, including the method of
pretreatment it intends to use to meet applicable flow and quantity of pollutants
to be discharged. New sources shall provide estimates of the information
requested in subsections (d) and (e) below.
(a)
Identifying information. The username, address of the
facility including the name of operators and owners.
(b)
Permit information. A listing of any environmental control
permits held by or for the facility.
(c)
Description of operations. A description of the nature,
average rate of production, and SIC codes of the operation(s) carried out
by the user. This description should include a schematic process diagram
which indicates points of discharge to the POTW from the regulated
processes.
(d)
Flow measurement. Shows the measured average daily and
maximum daily flow, in gallons per day, to the POTW from each
regulated process stream and any other stream necessary to allow use of
the combined waste stream formula.
(e)
Measurement of pollutant. (i) Identify the pretreatment
standards applicable to each regulated process and any new
categorically regulated process(es) for existing sources.
(ii)
Report the results of sampling or analytical results
identifying the nature and concentration (or mass, where required
by the standard or FPU) of regulated pollutants in each regulated
process. Both daily maximum and average (mass) concentrations
shall be reported. The sample shall be representative of daily
operation. In cases where the standard shall be representative of
daily operation. In cases where the standard requires compliance
18-35
with BMPs or pollution prevention alternatives, the user shall
submit documentation as required by FPU to determine
compliance with the standard.
(iii) The user shall take a minimum of one representative
sample to compile data necessary to comply with the pretreatment
standards.
(iii) The user shall take a minimum of one (1)
representative sample to compile data necessary to comply with
the pretreatment standards.
(iv) Samples should be taken immediately downstream
from the pretreatment facilities, if such exist, or the regulated
process, if no pretreatment is provided. If other wastewaters are
mixed with the regulated wastewater prior to pretreatment, the
user should measure the flows and concentrations necessary to
allow use of the combined waste stream formula.
(v)
Sampling and analyses shall be performed in
accordance with the techniques prescribed in 40 C.F.R., part 136
and amendments thereto, unless otherwise specified in an
applicable categorical standard. If 40 C.F.R., part 136 does not
contain sampling or analytical techniques for the pollutant in
question, or where the EPA determines that the part 136 sampling
and analytical techniques are inappropriate for the pollutant in
question, sampling and analyses shall be performed by using
validated analytical methods or any other applicable sampling and
analytical procedures approved by the EPA and FPU.
(vi) FPU may allow the submissions of a baseline report
which utilizes only historical data provided the information is
sufficient to determine the need for industrial pretreatment
measures.
(vii) The baseline report shall indicate the time, date, and
place of sampling and methods of analysis and shall certify that
such sampling and analysis is representative of normal work cycles
and expected pollutant discharges to the POTW.
(f)
Compliance certification. A statement reviewed by the user's
authorized representative and certified by a qualified professional,
indication whether pretreatment standards are being met on a consistent
basis, and if not, whether an additional operation and maintenance
and/or additional pretreatment is required to meet the pretreatment
requirements.
(g)
Compliance schedule. If additional pretreatment and/or
operation and maintenance will be required to meet the pretreatment
standards; the shortest schedule by which the industrial user will provide
such additional pretreatment and/or operation and maintenance must be
18-36
provided. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard.
(h)
Signature and report certification. The report must be
signed by a duly authorized representative of the user and must contain
the certification as specified in § 18-218(12).
(2)
Compliance schedule progress reports. A compliance schedule
pursuant to this section must contain the following:
(a)
Progress schedule shall contain increments in the form of
dates for the commencement and completion of major events leading to
the construction and operation of additional pretreatment required.
(b)
No increment referred to above shall exceed nine (9) months.
(c)
Progress reports shall be submitted by the user to FPU no
later than fourteen (14) days following each date in the schedule and the
final date of compliance including, at a minimum, whether or not it
complied with the increment of progress, the reason for any delay, and if
appropriate the steps being taken by the user to return the established
schedule.
(3)
Compliance report with categorical pretreatment standard
deadline. Within ninety (90) days following the date for final compliance with
applicable categorical pretreatment standard, or in the case of a new source
following commencement of the introduction of wastewater into the POTW, any
industrial user is subject to such pretreatment standards and requirements
shall submit to FPU a report containing the information described in § 18-218(1)
of this rule. For all other users subject to categorical pretreatment standards
expressed in terms of allowable pollutant discharge per unit of production (or
other measure of operation), this report shall include the user's actual
production (or other measure of operation) during the appropriate sampling
period. All compliance reports must be signed and certified in accordance with
subsection (12) of this section. All sampling will be done in conformance with
subsection (8).
(4)
Periodic reports on continued compliance. (a) All significant and
categorical industrial users must, at a frequency determined by FPU,
submit no less than twice per year (April 10 and October 10) reports
indicating the nature and concentration of pollutants in the discharge,
which are limited by pretreatment standards, and the measured or
estimated average and maximum daily flows for the reporting period. In
cases where the pretreatment standard requires compliance with a BMP
or pollution prevention alternative, the user must submit documentation
required by FPU or the pretreatment standard necessary to determine
the compliance status of the user.
(b)
All compliance reports must be signed and certified in by the
authorized representative of the industrial user as defined in the
definitions of this chapter.
18-37
(c)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in a good working order
at all times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of this discharge.
(d)
If a user subject to the reporting requirements in this section
monitors any regulated pollutant at the appropriate sampling location
more frequently than required by FPU, using procedures prescribed in
this section, the results of this monitoring shall be included in the report.
(5)
Reports of changed conditions. Each user must notify FPU of any
significant changes to the user's operations or system which might alter the
nature, quality, or volume of its wastewater at least sixty (60) days before the
change.
(a)
FPU may require the user to submit such information as
may be deemed necessary to evaluate the changed condition, including
the submission of a wastewater discharge permit application.
(b)
FPU may modify an existing wastewater discharge permit
in response to changed conditions or anticipated changed conditions.
(c)
In the case of any non-routine discharge the user shall
immediately telephone and notify the FPU of the incident stating the
location of the discharge, type of waste, concentration and volume, if
known, and corrective actions taken by the user. Within five (5) days
following such discharge, the user shall submit a detailed written report
describing the cause(s) of the discharge and the measures taken or to be
taken to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage, or other liability which
might be incurred as a result of the damage to POTW, natural resources,
or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties, or other liability which may be
imposed pursuant to this chapter.
(d)
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees who to call in the
event of a discharge described above. Employers shall ensure that all
employees, who could cause such a discharge to occur, are advised of the
emergency notification procedure.
(e)
Significant industrial users are required to notify FPU
immediately of any changes at the facility affecting the potential for a
slug discharge. All users not required to obtain an individual wastewater
discharge permit shall provide appropriate reports that may be required
by FPU to determine user status.
(f)
All users not required to obtain an individual wastewater
discharge permit shall provide appropriate reports that may be required
by FPU to determine user status.
18-38
(6)
Reporting of violation. If sampling performed by an industrial user
indicates a violation, the user shall notify FPU within twenty-four (24) hours of
becoming aware of the violation. The user shall also repeat the sampling and
analysis within fourteen (14) days of the notification, and submit the results of
the repeat analysis to FPU. Where FPU has performed the sampling and
analysis in lieu of the industrial user, FPU must perform the repeat sampling
and analysis unless it notifies the user of the violation and requires the user to
perform the repeat analysis.
(7)
Hazardous waste discharges. Any waste which if otherwise
disposed of would be a hazardous waste as defined in 40 C.F.R. 261 shall not be
discharged into FPU's sewer system.
(8)
Sampling analysis and collection. Samples collected to satisfy
reporting requirements must be based on data obtained through appropriate
sampling and analysis performed during the period covered by the report, based
on data that is representative of conditions occurring during the reporting
period.
(a)
Chain-of-custody procedures, sample preservation
techniques, and sample holding times recommended by the EPA shall be
followed in all self-monitoring activities.
(b)
Monitoring shall be performed at the approved monitoring
station on the effluent sewer. Location and design of the monitoring
station shall be subject to the review and approval of FPU. Any change
in monitoring location will be subject to the approval of FPU.
(c)
Sampling and analyses shall be performed in accordance
with the techniques prescribed in 40 C.F.R., part 136 and amendments
thereto. If 40 C.F.R., part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the EPA determines
that the part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analyses shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures approved by the EPA and FPU.
(d)
Except as indicated in subsections (e) and (f) below, the user
must collect wastewater samples using twenty-four (24) hour flowproportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is authorized by FPU. Where timeproportional composite sampling or grab sampling is authorized, the
samples must be representative of the discharge. Using protocols
(including appropriate preservation) specified in 40 C.F.R. part 136 and
appropriate EPA guidance, multiple grab samples collected during a
twenty-four (24) our period may be composited prior to analysis as
follows: for cyanide, total phenols, and sulfides, the samples may be
composited in a laboratory or in the field; for volatile organic and oil and
grease, the samples may be composited in the laboratory. Composite
samples for other parameters unaffected by the compositing procedures
18-39
as documented in approved EPA methodologies may be authorized by
FPU, as appropriate. Additional grab samples may be required to show
compliance with instantaneous limits.
(e)
Samples for oil and grease, temperature, pH, cyanide, total
phenols, sulfides, and volatile organic compounds must be obtained using
grab collection techniques. Alternately, pH compliance may be accessed
through the use of a strip-chart or a circular chart over the monitoring
period from a continuous pH recorder, at the discretion of FPU.
(f)
For sampling required in support of baseline monitoring and
ninety (90) day compliance reports required in (1) and (3) of this section,
a minimum of four (4) grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfides, and volatile organic compounds for
facilities for which historical sampling data do not exist. For facilities for
which historical sampling data are available, FPU may authorize a lower
minimum. For reports required by section (4)(a) and 40 C.F.R. 403.12(2)
and (h), the industrial user is required to collect the number of grab
samples necessary to assess and assure compliance with applicable
pretreatment standards.
(9)
Date of receipt of reports. Reports will be deemed to have been
submitted on the date post-marked or e-mailed.
(10) Maintenance of records. Any industrial user subject to the
reporting requirements established in this section shall maintain records of all
information resulting from any monitoring activities required by this section.
(11) Retention of records. (a) Users subject to the reporting
requirements established in this chapter shall maintain records of all
information resulting from any monitoring activities required by this
rule, including documentation associated with best management
practices. Such records shall include for all samples:
(i)
The date, exact place, method, and time of sampling
and the names of the person or persons taking the samples;
(ii)
The dates analyses were performed;
(iii) Who performed the analyses;
(iv) The analytical techniques/methods used; and
(v)
The results of such analyses.
(b)
Any industrial user subject to the reporting requirements
established in this rule (including documentation associated with best
management practices) shall be required to retain for a minimum of three
(3) years any records of monitoring activities and results (whether or not
such monitoring activities are required by this rule) and shall make such
records available for inspection and copying by the EPA or FPU. This
period of retention shall be extended during the course of any unresolved
litigation regarding the industrial user, the POTW, the operation of
FPU's pretreatment program, or when requested by EPA or FPU.
18-40
(c)
FPU shall retain such reports for a minimum of three (3)
years and shall make such reports available for inspection and copying
by the EPA. This period of retention shall be extended during the course
of any unresolved litigation regarding the discharge of pollutants by the
industrial user or the operation of FPU's pretreatment program or when
requested by the EPA.
(12) Signatory and certification requirements. All permit applications
and reports associated with compliance with the pretreatment program shall be
signed by a duly authorized representative of the industrial user or the person
delegated by a duly authorized representative of the industrial user, and shall
have the following certification statement attached:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations." (1979 Code, § 13-218, as replaced by
Ord. #2012-18, Dec. 2012)
18-219. Enforcement plan. Whenever FPU has reason to believe that
a violation of provisions of the pretreatment program or orders of the FPU board
issued pursuant thereto has occurred, is occurring, or is about to occur, FPU
may serve any one (1) or more of the following upon the alleged violator or
violators:
(1)
Written complaint. The complaint shall specify the provisions of the
pretreatment program or order alleged to be violated or about to be violated and
the facts alleged to constitute a violation thereof, may order that necessary
corrective action be taken within a reasonable time to be prescribed in the order,
and shall inform the violators of the opportunity for a hearing before the FPU
board.
(2)
Notice of violation. A violation to this chapter, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
requirement may prompt FPU to issue a written notice of violation. Within
fifteen (15) calendar days of the day of the notice an explanation of the violation
and a plan for its satisfactory correction and prevention shall be submitted to
FPU.
(3)
Compliance order. FPU may issue an order to the noncompliant
commercial or industrial user to achieve or restore compliance with their permit
by a date specified in the order. The compliance order may also contain such
18-41
other requirements as might be reasonably necessary and appropriate to
address the noncompliance, including, but not limited to, the installation and
proper operation of pretreatment technology, additional self-monitoring, and
management practices.
(4)
Consent order. FPU is hereby empowered to enter into consent
orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with the industrial user responsible for the
noncompliance. Such orders will include specific action to be taken by the user
to correct the noncompliance within a time period also specified by the order.
(5)
Cease and desist order. When FPU finds that a wastewater
discharge has taken place in violation of prohibitions or limitations of this
chapter, or the provisions of a wastewater discharge permit, FPU may issue an
order to cease and desist, and direct the persons not complying with such
prohibitions, limits, requirements, or provisions to immediately halt illegal or
unauthorized discharges or to surrender the applicable user's permit if ordered
to do so after a show cause hearing.
(6)
Show cause order. (a) FPU may order any user who causes or
allows an unauthorized discharge to enter the POTW to show cause why
the proposed enforcement action should not be taken. A notice shall be
served on the user specifying the time and place of a hearing to be held
regarding the violation, the reasons why the action is being taken, the
proposed enforcement, and directing the user to show cause as to why the
proposed enforcement action should not be taken. The notice of the
hearing shall be served personally or by registered or certified mail
(return receipt requested) at least ten (10) days prior to the hearing.
(b)
FPU may conduct the hearing and take evidence, or may
designate a representative to:
(i)
Issue in the name of FPU notices of hearings
requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in such
hearings;
(ii)
Take the evidence; and
(iii) Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with
recommendations to the manager for action thereon.
(c)
At any hearing held pursuant to this chapter, testimony
taken must be under oath and recorded. The transcript, so recorded, will
be made available to any member of the public or any party to the
hearing upon payment of a charge set by the manager to cover the costs
of preparation.
(d)
After FPU has reviewed the evidence, he may issue an order
to the user responsible for the discharge directing that, following a
specified time period, the sewer service be discontinued unless adequate
treatment facilities, devices, or other related appurtenances have been
18-42
installed on existing treatment facilities, and that these devices or other
related appurtenances are properly operated. Further order and devices
or other related appurtenances are properly operated. Further order and
directives as are necessary and appropriate may be issued. Failure of
FPU to issue any order to a violating user shall not in any way relieve the
user from any consequences of a wrongful or illegal discharge. Any order
shall become final and not subject to review unless the person or persons
named therein request by written petition a hearing before the FPU
board as provided in § 18-223 no later than thirty (30) days after the date
such order is served; provided, however, that the FPU board may review
such final order on the same grounds upon which a court of the state may
review default judgments.
(7)
Emergency order. In the event of an actual or threatened discharge
to the POTW of any pollutant which, in the opinion of FPU, presents or may
present an imminent and substantial endangerment to the health or welfare of
persons or cause interference with the POTW, FPU or person then in charge of
the treatment works shall immediately notify the FPU board of the nature of the
emergency. FPU shall also attempt to notify the industrial user or person
causing the emergency and request their assistance in abating the emergency.
Following consultation, FPU shall temporarily terminate the service of such
user or users as are necessary to abate the condition when such action appears
reasonably necessary. Such service shall be restored by FPU as soon as the
emergency situation has been abated or corrected.
(8)
Termination of permit. Significant industrial users proposing to
discharge into the POTW must first obtain a wastewater discharge permit from
FPU. Noncompliant industrial users will be notified of the proposed termination
of their wastewater permit and be offered an opportunity to show cause why the
proposed action should not be taken. Any user who violates the following
conditions of this chapter, a wastewater discharge permit or order, or any
applicable state or federal law, is subject to permit termination:
(a)
Violation of any terms or conditions of the wastewater
discharge permit or other applicable federal, state, or local law or
regulation;
(b)
Obtaining a permit by misrepresentation or failure to
disclose fully all relevant facts;
(c)
A change in any condition that requires either a temporary
or permanent reduction or elimination of the permitted discharge;
(d)
Refusal of reasonable access to the user's premise for the
purpose of inspection or monitoring;
(e)
Failure to notify FPU of significant changes to the
wastewater prior to changed discharge;
(f)
Falsifying self-monitoring reports and certification
statements;
(g)
Tampering with monitoring equipment;
18-43
(h)
Failure to comply with the requirements of an enforcement
notice or order;
(i)
Operating with an expired wastewater discharge permit
(unless timely application for renewal has been submitted); or
(j)
Failure to provide advance notice of the transfer of business
ownership.
(9)
Civil liabilities. Any person or user who violates any provision of
this chapter, requirements, or conditions set forth in the permit duly issued or
who discharges wastewater which causes pollution or violates any cease and
desist order, prohibition, effluent limitation, national standard, or performance,
pretreatment, or toxicity standard, shall be liable civilly. FPU may sue for such
damages in any court of competent jurisdiction. In determining the damages,
the court shall take into consideration all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the nature and
persistence of the violation, the length of time over which the violation occurs,
and the correcting action, if any.
(10) Civil penalties. Under the Tennessee Rule 1200-4-14-.08(6)(a)6.(1),
FPU shall have authority to seek or assess civil or criminal penalties of up to ten
thousand dollars ($10,000.00) per day per offense. Each day of which a violation
occurs or continues to occur shall be deemed a separate and distinct offense. In
addition to the penalties provided herein, the FPU board may recover
reasonable attorney fees, court costs, court reporter fees, and other expenses of
litigation by appropriate suit at law against the person found to have violated
this chapter or the orders, rules, regulations, or permits issued hereunder.
Civil penalties may be added to the user's next scheduled sewer service
charge and FPU shall have such other remedies to collect the penalties as it has
of other service charges. Industrial users desiring to dispute such penalties may
secure a review of such assessment by filing with a FPU a written petition
setting forth the grounds and reasons for the objections and asking for a hearing
in the matter involved before the FPU board. If a petition for review of the
assessment is not filed within thirty (30) days after the date the assessment is
served, the violator shall be deemed to have consented to the assessment and it
shall become final. Upon receipt of the written petition from the alleged violator
pursuant to this section, FPU shall give the petitioner thirty (30) days written
notice of the time and place of the hearing, but in no case shall such hearing be
held more than sixty (60) days from the receipt of the written potion, unless
FPU and the petitioner agree to postponement.
(11) Annual publication of significant noncompliance. Meaningful public
notification of significant industrial users which were in significant
noncompliance with applicable pretreatment standards or pretreatment
requirements during the previous twelve (12) months shall be published
annually by FPU in a newspaper of general circulation within the jurisdictions
served by the POTW. Such publication also may summarize any enforcement
action taken against each entity listed during the same twelve (12) month
18-44
period. For the purpose of this provision, a significant industrial user has been
defined in § 18-202 of this chapter.
(12) Provisions governing fraud and false statements. The reports
required to be submitted under this section shall be subject to the provisions of
18 U.S.C. § 1001 relating to fraud and false statements and the provisions of
sections 309(C)(4) and (6) of the Act (33 USCA § 1311), as amended, governing
false statements, representation, and certifications in reports required under the
Act. (1979 Code, § 13-219, as replaced by Ord. #2012-18, Dec. 2012)
18-220. Public nuisance. Discharges of wastewater in any manner in
violation of this chapter or of any order issued by FPU as authorized by this
chapter, is hereby declared a public nuisance and shall be corrected or abated
as directed by FPU. Any person creating a public nuisance shall be subject to
the provisions of the city codes or chapters governing such nuisance. (1979 Code,
18-221. Damage to facilities. When a discharge of wastes causes
obstruction, damage or any other physical or operational impairment to
facilities, FPU shall assess a charge against the user for the work required to
clean or repair the facility and add such charge to the user's sewer service
charge. (1979 Code, § 13-221, as replaced by Ord. #2012-18, Dec. 2012)
18-222. Legal action. If any person discharges sewage, industrial
wastes, or other wastes into FPU's wastewater disposal system contrary to the
provisions of this chapter, federal or state pretreatment requirements, or any
order of FPU, FPU's attorney may commence an action for appropriate legal
and/or equitable relief in the chancery court of this county. (1979 Code, § 13-222,
18-223. Pretreatment enforcement hearings and appeals. The
FPU board shall have and exercise the power, duty, and responsibility to hear
appeals from orders issued and penalties or damages assessed by FPU, or
permit revocations or modifications; and affirm, modify, or revoke such actions
or orders of FPU. Any hearing or rehearing brought before the FPU board shall
be conducted in accordance with the following:
(1)
Upon receipt of a written petition from the alleged violator
pursuant to this section, FPU shall give the petitioner thirty (30) days' written
notice of the time and place for the hearing, but in no case shall such hearing be
held more than sixty (60) days from the receipt of the written potion, unless
FPU and the petitioner agree to a postponement.
(2)
The hearing herein provided may be conducted by the FPU board
at a regular or special meeting. A quorum of the FPU board must be presented
at the regular or special meeting in order to conduct the hearing herein
provided.
18-45
(3)
A verbatim record of the proceedings of such hearings shall be
taken and filed with the FPU board, together with the findings of fact and
conclusions of law made pursuant to subdivision (6) of this subsection. The
transcript so recorded shall be made available to the petitioner or any party to
a hearing upon payment of a charge set by FPU to cover the costs of
preparation.
(4)
In connection with the hearing, the chairman shall issue subpoenas
in response to any reasonable request by any party to the hearing requiring the
attendance and testimony of witnesses and the production of evidence relevant
to any matter involved in the hearing. In case of contumacy or refusal to obey
a notice of hearing or subpoena issued under this section, the chancery court of
the county in which FPU is located shall have jurisdiction upon the application
of the FPU board or FPU to issue an order requiring such person to appear and
testify or produce evidence as the case may require and any failure to obey such
order of the court may be punished by such court as contempt thereof.
(5)
Any member of the FPU board may administer oaths and examine
witnesses.
(6)
On the basis of the evidence produced at the hearing, the FPU
board shall make findings of fact and conclusions of law and enter such decisions
and orders as in its opinion will best further the purposes of the pretreatment
program and shall give written notice of such decisions and orders to the alleged
violator. The order issued under this subsection shall be issued no later than
thirty (30) days following the close of the hearing by the person or persons
designated by the chairman.
(7)
The decision of the FPU board shall become final and binding on
all parties unless appealed to the courts as provided in subsection (2).
(8)
Any person to whom an emergency order is directed pursuant to
§ 18-219(7) shall comply therewith immediately but upon petition to the FPU
board shall be afforded a hearing as soon as possible, but in no case shall such
hearing be held later than three (3) days from the receipt of such petition by the
FPU board. An appeal may be taken from any final order or other final
determination of the FPU board by any party, including FPU, who is or may be
adversely affected thereby, to the chancery court pursuant to the common law
right of certiorari set out in Tennessee Code Annotated, § 27-8-101, within sixty
(60) days from the date such order or determination is made. (1979 Code,
18-224. Affirmative defenses to discharge violations. (1) Upset.
(a)
For the purposes of this section, upset means an exceptional
incident in which there is unintentional and temporary noncompliance
with categorical pretreatment standards because of factors beyond the
reasonable control of the user. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment
18-46
facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
(b)
An upset shall constitute an affirmative defense to an action
brought for noncompliance with categorical pretreatment standards if the
requirements of subsection (c), below, are met.
(c)
A user who wishes to establish the affirmative defense of
upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(i)
An upset occurred and the user can identify the
cause(s) of the upset;
(ii)
The facility was at the time being operated in a
prudent and workman-like manner and in compliance with
applicable operation and maintenance procedures; and
(iii) The user has submitted the following information to
FPU within twenty-four (24) hours of becoming aware of the upset
(if this information is provided orally, a written submission must
be provided within five (5) days):
(A)
Description of the indirect discharge and cause
of noncompliance;
(B)
The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated time the
noncompliance is expected to continue; and
(C)
Steps being taken and/or planned to reduce,
eliminate, and prevent recurrence of the noncompliance.
(d)
In any enforcement proceeding, the user seeking to establish
the occurrence of an upset shall have the burden of proof.
(e)
Users shall have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for
noncompliance with categorical pretreatment standards.
(f)
Users shall control production of all discharges to the extent
necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss, or failure of its treatment facility until
the facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost, or fails.
(2)
Prohibited discharge standards. (a) User shall have an affirmative
defense in any action brought against it alleging a violation of the general
prohibitions established in § 18-212(1)(a) and the specific prohibitions in
subsections (2)(c), (2)(d), (2)(e), (2)(f), and (2)(g) of § 18-212(1) where the
user can demonstrate that:
(i)
It did not know or have reason to know that its
discharge, alone or in conjunction with a discharge or discharges
from other sources, would cause pass through or interference; and
18-47
(ii)
A local limit designed to prevent pass through and/or
interference, as the case may be, fits one of the following
descriptions:
(A)
The local limit was developed in accordance
with Tennessee Rule 1200-4-14-.05(3) for each pollutant in
the user's discharge that caused pass through or
interference, and the user was in compliance with each such
local limit directly prior to and during the pass through or
interference; or
(B)
The local limit has not been developed in
accordance with Tennessee Rule 1200-4-14-.05(3) for the
pollutant(s) that caused the pass-through or interference,
the user's discharge directly prior to and during the pass
through or interference did not change substantially in
nature or constituents from the user's prior discharge
activity when the POTW was regularly in compliance with
the POTW's NPDES permit requirements and, in the case
of interference, applicable requirements for sewage sludge
use or disposal. (1979 Code, § 13-224, as replaced by
Ord. #2012-18, Dec. 2012)
18-225. Enforcement response guide. The purpose of this chapter is
to provide for the consistent and equitable enforcement of the provision of this
chapter. Violations and recovery cost will be determined according to the
provisions listed in ERP. (1979 Code, § 13-225, as replaced by Ord. #2012-18,
Dec. 2012)
18-226. Fees and billing. (1) Purpose. It is the purpose of this chapter
to provide for the equitable recovery of costs from users of FPU's POTW,
including costs of operation, maintenance, administration, bond service costs,
capital improvements, and depreciation. The applicable fees shall be set forth
in a separate schedule of charges and fees that may be changed periodically by
FPU.
(2)
Types of charges and fees. The charges and fees as established in
FPU's schedule of charges and fees, may include, but not be limited to:
(a)
Tapping fee;
(b)
Fees for application for discharge (service fees);
(c)
Sewer use charges;
(d)
Surcharge fees;
(e)
Industrial wastewater discharge permit fees;
(f)
Fees for industrial discharge monitoring (sampling fees and
laboratory test charges);
(g)
Holding tank waste disposal permit fees; and
(h)
Other fees as the FPU board may deem necessary.
18-48
(3)
Fees for applications for discharge. A fee may be charged when a
user or prospective user makes application for discharge as required by
§§ 18-210 and 18-211 of this chapter.
(4)
Tapping fee. A tapping fee for a building sewer installation shall
be paid to FPU at the time the application is filed. Fees shall cover the costs of
inspecting new and/or existing plumbing within subject building establishments
as well as inspection of building sewers, property sewers, and sewer service lines
and connections to the public sewers. The tapping fee shall be set by the FPU
board. The inspection fee for an inspection not during normal working hours,
Monday through Friday, 8:00 A.M. to 3:30 P.M., may be increased at the
discretion of the FPU board.
(5)
Determination of costs of sewer use charges. (a) FPU shall
establish monthly rates and charges for the use of the wastewater system
and for the services supplied by the wastewater system. Said charges
shall be based upon the cost categories of administration costs, including
billing and accounting costs; operation and maintenance costs of the
wastewater collection and treatment system; debt service costs; and
general replacement costs.
(b)
The volume of sewer use for residential customers shall be
based on the water meter reading for each user. Industrial customer's
sewer use shall be based on the water meter reading unless the permit
requires a separate sewer meter be used.
(6)
Surcharge fees. If it is determined by FPU that the discharge of
other loading parameters or wastewater substances are creating excessive
operation and maintenance costs within the wastewater system, whether
collection or treatment, then the monetary effect of such a parameter or
parameters shall be borne by the discharger of such parameters in proportion
to the amount of discharge.
(7)
Industrial wastewater discharge permit fees. A fee may be charged
for the issuance of an industrial wastewater discharge permit in accordance
with § 18-211 of this chapter.
(8)
Fees for industrial discharge monitoring. Fees may be collected
from industrial users having pretreatment or other discharge requirements to
compensate FPU for the necessary compliance monitoring and other
administrative duties of the pretreatment program.
(9)
Billing. The rules and regulations for billing shall be set by FPU.
18-227. Validity. This chapter and its provisions shall be valid for all
service areas, regions, and sewage works under the jurisdiction of the City of
Fayetteville, Tennessee, and/or Fayetteville Public Utilities. (1979 Code,
2012)
2012)
2012)
2012)
2012)
2012)
2012)
2012)
2012)
2012)
2012)
2012)
2012)
2012)
18-49
18-228. [Deleted.] (1979 Code, § 13-228, as deleted by 2012-18, Dec.
18-242. [Deleted.] (1979 Code, §§ 13-242--13-250, as amended by
Ord. #2001-7, June 2001, as deleted by 2012-18, Dec. 2012)
2012)
18-50
18-51
CHAPTER 3
CROSS CONNECTIONS, AUXILIARY INTAKES, ETC.1
SECTION
18-302. Standards.
18-303. Construction, operation, and supervision.
18-304. Statement required.
18-305. Inspections required.
18-306. Right of entry for inspections.
18-307. Correction of existing violations.
18-308. Use of protective devices.
18-309. Unpotable water to be labeled.
18-310. Violations.
18-301. Definitions. The following definitions and terms shall apply in
the interpretation and enforcement of this chapter:
(1)
"Auxiliary intake." Any piping connection or other device whereby
water may be secured from a source other than that normally used.
(1)
"Bypass." Any system of piping or other arrangement whereby the
water may be diverted around any part or portion of a water purification plant.
(3)
"Cross connection." Any physical connection whereby the public
water supply is connected, with any other water supply system, whether public
or private, either inside or outside of any building or buildings, in such manner
that a flow of water into the public water supply is possible either through the
manipulation of valves or because of ineffective check or back-pressure valves,
or because of any other arrangement.
(4)
"Interconnection." Any system of piping or other arrangement
whereby the public water supply is connected directly with a sewer, drain,
conduit, pool, storage reservoir, or other device which does or may contain
sewage or other waste or liquid which would be capable of imparting
contamination to the public water supply.
(5)
"Person." Any and all persons, natural or artificial, including any
individual firm, or association, and any municipal or private corporation
organized or existing under laws of this or any other state or country.
(6)
"Public water supply." The waterworks system furnishing water to
the City of Fayetteville and Lincoln County for general use and which supply is
1
Plumbing code: title 12.
18-52
recognized as the public water supply by TDEC. (1979 Code, §8-401, as replaced
by Ord. #2012-18, Dec. 2012)
18-302. Standards. FPU is to comply with Tennessee Code Annotated,
§§ 68-221-701 through 68-221-720 as well as Rules and Regulations for Public
Water Supplies, legally adopted in accordance with this code, which pertain to
cross connections, auxiliary intakes, bypasses, and interconnections, and
establish an effective ongoing program to control these undesirable water uses.
18-303. Construction, operation, and supervision. It shall be
unlawful for any person to cause a cross connection, auxiliary intake, bypass, or
interconnection to be made, or allow one to exist for any purpose whatsoever,
unless the construction and operation of same have been approved by TDEC and
the operation of such cross connection, auxiliary intake, bypass or
interconnection is at all times under the direct supervision of FPU. (1979 Code,
18-304. Statement required. Any person whose premises are supplied
with water from the public water supply and who also has on the same premises
a separate source of water supply, or stores water in an uncovered or unsanitary
storage reservoir from which the water stored therein is circulated through a
piping system, shall file with FPU a statement of the non-existence of
unapproved or unauthorized cross connections, auxiliary intakes, bypasses, or
interconnections. Such statement shall also contain an agreement that no cross
connection, auxiliary intake, bypass, or interconnection will be permitted upon
the premises. (1979 Code, § 8-404, as replaced by Ord. #2012-18, Dec. 2012)
18-305. Inspections required. It shall be the duty of FPU to cause
inspections to be made of all properties served by the public water supply where
cross connections with the public water supply are deemed possible. The
frequency of inspections and reinspection, based on potential health hazards
involved, shall be established by FPU and as approved by TDEC. (1979 Code,
18-306. Right of entry for inspections. FPU shall have the right to
enter, at any reasonable time, any property served by a connection to the water
and sewer system for the purpose of inspecting the piping system or systems
therein for cross connections, auxiliary intakes, bypasses, or interconnections.
On request, the owner, lessee, or occupant of any property so served shall
furnish to the inspection agency any pertinent information regarding the piping
system or systems on such property. The refusal of such information or refusal
of access, when requested, shall be deemed evidence of the presence of cross
connections. (1979 Code, § 8-406, as replaced by Ord. #2012-18, Dec. 2012)
18-53
18-307. Correction of existing violations. Any person who now has
cross connections, auxiliary intakes, bypasses, or interconnections in violation
of the provisions of this chapter shall be allowed a reasonable time within which
to comply with the provisions of this chapter. After a thorough investigation of
existing conditions and an appraisal of the time required to complete the work,
the amount of time shall be designated by FPU. (1979 Code, § 8-407, as replaced
by Ord. #2012-18, Dec. 2012)
18-308. Use of protective devices. Where the nature of use of the
water supplied a premises by the water department is such that it is deemed:
(1)
Impractical to provide an effective air-gap separation;
(2)
That the owner and/or occupant of the premises cannot, or is not
willing, to demonstrate to the official in charge of the system, or his designated
representative, that the water use and protective features of the plumbing are
such as to propose no threat to the safety or potability of the water supply;
(3)
That the nature and mode of operation within the premises are
such that frequent alterations are made to the plumbing; or
(4)
There is a likelihood that protective measures may be subverted,
altered, or disconnected.
FPU shall require the use of an approved protective device on the service
line serving the premises to assure that any contamination that may originate
in the customer's premises is contained therein. The protective device shall be
a reduced pressure zone type backflow preventer approved by TDEC as to
manufacture, model, and size. The method of installation of backflow protective
devices shall be approved by FPU prior to installation and shall comply with the
criteria set forth by TDEC. The installation shall be at the expense of the owner
or occupant of the premises.
FPU shall have the right to inspect and test the device or devices on an
annual basis or whenever deemed necessary. Water service shall not be
disrupted to test the device without the knowledge of the occupant of the
premises.
Where the use of water is critical to the continuance of normal operations
or protection of life, property, or equipment, duplicate units shall be provided to
avoid the necessity of discontinuing water service to test or repair the protective
device or devices. Where only one (1) unit is installed and the continuance of
service is critical, FPU shall notify the occupant of the premises of plans to
discontinue water service and arrange for a mutually acceptable time to test
and/or repair the device. FPU shall require the occupant of the premises to make
all repairs indicated promptly, and the expense of such repairs shall be borne
by the owner or occupant of the premises. FPU has the authority to establish a
specific date and time by which repairs or replacement shall be completed.
These repairs shall be made by qualified personnel acceptable to FPU. (1979
Code, § 8-408, as replaced by Ord. #2012-18, Dec. 2012)
18-54
18-309. Unpotable water to be labeled. The potable water supply
made available to premises served by FPU shall be protected from possible
contamination as specified herein. Any water outlet which could be used for
potable or domestic purposes and which is not supplied by the potable system
must be labeled in a conspicuous manner as:
WATER UNSAFE FOR DRINKING
Minimum acceptable sign shall have black letters one-inch (1") high
located on a red background. (1979 Code, § 8-409, as replaced by Ord. #2012-18,
Dec. 2012)
18-310. Violations. Any person who neglects or refuses to comply with
any of the provisions of this chapter shall be deemed guilty of a misdemeanor
and, upon conviction therefore, shall be fined not less than ten dollars ($10.00)
nor more than one hundred dollars ($100.00), and each day of continued
violation after conviction shall constitute a separate offense. In addition to the
foregoing fines and penalties, FPU shall discontinue the public water supply
service at any premises upon which there is found to be a cross connection,
auxiliary intake, bypass, or interconnection, and service shall not be restored
until such cross connection, auxiliary intake, bypass, or interconnection has
been discontinued. (1979 Code, § 8-410, as replaced by Ord. #2012-18, Dec.
2012)
19-1
TITLE 19
ELECTRICITY AND GAS
CHAPTER
1. ELECTRICITY.
2. GAS.
CHAPTER 1
ELECTRICITY1
SECTION
19-101. To be furnished under franchise. Electricity shall be
furnished for the municipality and its inhabitants under such franchise as the
governing body shall grant. 2 The rights, powers, duties, and obligations of the
municipality, its inhabitants, and the grantee of the franchise shall be clearly
stated in the written franchise agreement which shall be binding on all parties
concerned.
1
Electrical code: title 12.
2
The agreements are of record in the office of the city clerk.
19-2
CHAPTER 2
GAS1
SECTION
19-201. To be furnished under franchise. Gas service shall be
furnished for the municipality and its inhabitants under such franchise as the
governing body shall grant. The rights, powers, duties, and obligations of the
municipality, its inhabitants, and the grantee of the franchise shall be clearly
stated in the written franchise agreement which shall be binding on all parties
concerned.2
1
Gas code: title 12.
2
The agreements are of record in the office of the city clerk.
20-1
TITLE 20
MISCELLANEOUS
CHAPTER
1. UTILITIES GENERALLY.
2. HOUSING CORPORATION.
3. CIVIL DEFENSE ORGANIZATION.
4. FIRE, BURGLARY AND ROBBERY ALARMS.
5. FAYETTEVILLE-LINCOLN COUNTY REGIONAL AIRPORT
AUTHORITY.
6. FAIR HOUSING.
CHAPTER 1
UTILITIES GENERALLY1
SECTION
20-101. Prerequisites for utility services.
20-102. Excavation near utilities.
20-103. Duties after striking utility line.
20-101. Prerequisites for utility services. No utility shall furnish
water, sewer, electric, or gas service within the corporate limits of the city to any
location, building, or structure until the proper building permits, certificates of
occupancy, and permits required under the zoning ordinance have been secured
and exhibited by the applicant for the service. (1979 Code, § 13-501)
20-102. Excavation near utilities. No excavating shall be done within
ten feet of any public owned utility without the persons responsible for said
excavation having notified the utility of said proposed excavation. (1979 Code,
§ 13-502)
20-103. Duties after striking utility line. Any person striking a
utility line with any excavation equipment shall notify the owner of the utility
line within one hour of striking same. (1979 Code, § 13-503)
1
Electricity and gas service: title 19.
Excavations and cuts: title 16, chapter 2.
Water and sewer service: title 18.
20-2
CHAPTER 2
HOUSING CORPORATION
SECTION
20-201. Determined to be necessary and proper--purpose.
20-202. Charter and bylaws approved.
20-203. Incorporators and member-directors.
20-204. Authority and responsibility.
20-205. To cooperate with housing authority, etc.
20-201. Determined to be necessary and proper--purpose. It is
hereby determined to be necessary and proper to authorize the creation of a
non-stock, not-for-profit corporation as an instrumentality of the City of
Fayetteville, Tennessee, to be known as the Fayetteville Housing Corporation
of Fayetteville, Tennessee, for the purpose of constructing, financing low cost
rent supplement facilities to be leased to the Fayetteville Housing Authority
with the assistance of the federal government. (1979 Code, § 1-1201)
20-202. Charter and bylaws approved. The proposed charter of
incorporation and bylaws of said Fayetteville Housing Corporation of
Fayetteville, Tennessee, are hereby approved. (1979 Code, § 1-1202)
20-203. Incorporators and member-directors. Five freeholders of
the City of Fayetteville shall be appointed by the board of mayor and aldermen
to serve as incorporators and, original member-directors of the Fayetteville
Housing Corporation of Fayetteville, Tennessee, and one individual shall be
appointed statutory agent for said corporation. (1979 Code, § 1-1203)
20-204. Authority and responsibility. The member-directors of said
Fayetteville Housing Corporation of Fayetteville, Tennessee, upon the granting
of a certificate of incorporation, are authorized and directed to issue, sell, and
deliver revenue bonds of said corporation pursuant to Tennessee Code
Annotated, §§ 12-2-301 to 12-2-402, and the laws of Tennessee, and to enter into
contracts for the sale of bonds and construction of housing facilities and to lease
the same to the Fayetteville Housing Authority. (1979 Code, § 1-1204)
20-205. To cooperate with housing authority, etc.1 The providing
of low cost housing in and for the City of Fayetteville, Tennessee, is a proper
1
Compensation of members of Fayetteville Housing Authority: title 1,
chapter 5.
20-3
public purpose and this city desires to cooperate with the Fayetteville Housing
Authority and agencies of the federal government to fulfill such purpose. (1979
Code, § 1-1205)
20-4
CHAPTER 3
CIVIL DEFENSE ORGANIZATION
SECTION
20-301. Fayetteville-Lincoln County Civil Defense Organization created.
20-302. Authority and responsibility.
20-303. Office of director, his authority and responsibility.
20-304. Fayetteville-Lincoln County Civil Defense Corps created.
20-305. No municipal or private liability.
20-306. Expenses of civil defense.
20-301. Fayetteville-Lincoln County Civil Defense Organization
created. There is hereby created the Fayetteville-Lincoln County Civil Defense
Organization, which shall be a joint operation by the City of Fayetteville and the
County of Lincoln for the purpose of organizing and directing civil defense for
the citizens of the entire county. All other civil defense agencies within the
corporate limits of Fayetteville-Lincoln County shall be considered as a total
part of the county wide civil defense emergency resources and when such
agencies operate out of its corporate limits it shall be at the direction of,
subordinate to, and as part of the Fayetteville-Lincoln County Civil Defense.
(1979 Code, § 1-1101)
20-302. Authority and responsibility. (1) In accordance with federal
and state enactments of law, the Fayetteville-Lincoln County Civil Defense
Organization is hereby authorized to assist the regular government of the
county and governments of all political subdivisions therein, as may be
necessary due to enemy caused emergency or natural disasters, including but
not limited to storms, floods, fires, explosions, tornadoes, hurricanes, droughts,
or peace-time man-made disasters, which might occur affecting the lives, health,
safety, welfare and property of the citizens of Fayetteville-Lincoln County. The
Fayetteville-Lincoln County Civil Defense Organization is hereby authorized to
perform such duties and functions as may be necessary on account of said
disasters. The Fayetteville-Lincoln County Civil Defense Organization is hereby
designated the official agency to assist regular forces in time of said
emergencies.
(2)
The Fayetteville-Lincoln County Civil Defense Organization shall
be responsible for preparation and readiness against enemy caused and natural
emergencies arising in Fayetteville-Lincoln County, to establish and coordinate
emergency plans, forces, means and resources, and is hereby designated the
official agency to establish such emergency plans. (1979 Code, § 1-1102)
20-5
20-303. Office of director, his authority and responsibility.
(1)
The office of the director of civil defense is hereby created. The
director shall have the authority to request the declaration of the existence of
an emergency by the mayor and county judge or either or by higher authority
as appropriate.
The director shall have overall responsibility for the preparation of all
plans and for recruitment and training of personnel. All local civil defense plans
will be in consonance with state plans and shall be approved by the state CD
office.
The director is hereby given the authority to delegate such responsibility
and authority as is necessary to carry out the purposes of this chapter, subject
to the approval of the chief executive officers of the city and county.
(2)
The director shall be responsible to the chief executive officers of
the city and county for the execution of the authorities, duties, and
responsibilities of the Fayetteville-Lincoln County Civil Defense Organization,
for the preparation of all plans and administrative regulations, and for
recruitment and training of personnel. (1979 Code, § 1-1103)
20-304. Fayetteville-Lincoln County Civil Defense Corps created.
The Fayetteville-Lincoln County Civil Defense Corps is hereby created. The
corps shall be under the direction of the director of civil defense and his staff
members with delegated authority; it shall consist of designated regular
government employees and volunteer workers. Duties and responsibilities of
the corps members shall be outlined in the civil defense emergency plan. (1979
Code, § 1-1104)
20-305. No municipal or private liability. The duties prescribed in
this chapter are an exercise by the city and county of their governmental
functions for the protection of the public peace, health, and safety and neither
the City of Fayetteville nor Lincoln County, the agents and representatives of
said city and county, nor any individual, receiver, firm, partnership, corporation,
association or trustee, nor any of the agents thereof, in good faith carrying out,
complying with, or attempting to comply with, any order, rule, or regulation
promulgated pursuant to the provisions of this chapter shall be liable for any
damage sustained to person or property as the result of said activity. Any
person owning or controlling real estate or other premises for the purpose of
sheltering persons during an actual, impending, or practice enemy attack, shall
together with his successors in interest, if any, not be civilly liable for the death
of, or injury to, any person on or about such real estate or premises under such
license, privilege, or other permission or for loss of, or damage to, the property
of such person. (1979 Code, § 1-1105)
20-306. Expenses of civil defense. No person shall have the right to
expend any public funds of the city or county in carrying out any civil defense
20-6
activities authorized by this chapter without prior approval by the governing
bodies of the city and/or county or both; nor shall any person have any right to
bind the city or county by contract, agreement, or otherwise without prior and
specific approval by the governing body of the city and/or county, or both. The
civil defense director shall disburse such monies as may be provided annually
by appropriation of the city and county for the operation of the civil defense
organization. Control of disbursements will be as prescribed by agreement
between the treasurers of the city and county. He shall be responsible for the
preparation and submission of a budget with recommendations as to its
adoption by the city and county. All funds shall be disbursed upon vouchers
properly executed by the director of civil defense, subject to audit by either the
City of Fayetteville or Lincoln County. The civil defense director is hereby
authorized to accept federal contributions in money, equipment, or otherwise,
when available, or state contributions, and is further authorized to accept
contributions to the civil defense organization from individuals and other
organizations, such funds becoming liable for audit by the city and county.
(1979 Code, § 1-1106)
20-7
CHAPTER 4
FIRE, BURGLARY AND ROBBERY ALARMS
SECTION
20-402. Classification of alarm systems.
20-403. Alarm system requirements.
20-404. Permits required.
20-405. Issuance of permit and decal.
20-406. Permit fees.
20-407. Inspection of alarm system.
20-408. Current information required.
20-409. False alarm fees.
20-410. Charge for false emergency alarms not caused by act of nature.
20-401. Definitions. (1) "Alarm system" means a device or system of
interconnected devices, including hardware and related appurtenances,
mechanical or electrical, designed to give warning of activities indicative of
felony, fire or criminal conduct requiring urgent attention and to which the
police and fire departments are expected to respond but does not include alarms
installed in conveyances.
(2)
"Alarm user" means the person, firm, partnership, association,
corporation, company or organization of any kind in control of any building,
structure or facility or portion thereof, wherein any alarm system is maintained.
(3)
"False alarm" means any activation of an alarm system upon or
following which communication is made to the department that an alarm has
been triggered, except alarms resulting from one of the following causes:
(a)
Criminal activity or unauthorized entry.
(b)
Earthquake causing structural damage to the protected
premises.
(c)
Tornado winds causing structural damage to the protected
premises.
(d)
Flooding of the protected premises due to the overflow of
natural drainage.
(e)
A lightning bolt causing physical damage to the protected
premises.
(f)
Fire causing structural damage to the protected premises
verified by the fire department.
(g)
Telephone line malfunction verified in writing to the
department by at least a first line telephone company supervisor within
seven days of the occurrence.
If police or fire units, responding to an alarm and checking the protected
premises according to standard department operating procedure, do not
20-8
discover any evidence of fire, unauthorized entry or criminal activity, there shall
be a rebuttable presumption that the alarm is false. Entries in the police or fire
departments daily officer's log shall be prima facie evidence of the facts stated
therein with regard to alarms and responses.
(4)
"Communication center" means the Police Department's
Consolidated Communication Center that provides communication service to the
Fayetteville Police and Fire Departments. (1979 Code, § 1-4A01)
20-402. Classification of alarm systems. Class I - An alarm system
is one which incorporates a remote annunciator installed on the premises of the
department or the communications center.
Class II - An alarm system incorporating an automatic dialer which
directly or indirectly requires a response by Fayetteville Fire or Police
Departments.
Class III - An alarm system in which the annunciator is an audible
annunciator located at the protected premises, and which does not incorporate
an automatic dialer. (1979 Code, § 1-4A02)
20-403. Alarm system requirements. (1) No alarm system shall be
installed, used or maintained in violation of any of the requirements of this code.
(2)
The alarm user shall be responsible for training and retraining all
employees, family members and other persons who may make regular use of the
protected premises and who may, in the normal course of their activities, be in
a position to accidentally trigger a sensor.
(3)
The alarm user shall, at all times, be responsible for the proper
maintenance and repair of the system.
(4)
In the event of power failure or outage, only those systems with a
power system back-up will be responded to. Others will be presumed to be set
by loss of power. (1979 Code, § 1-4A03)
20-404. Permits required. (1) It shall be unlawful for any person to use
or maintain any alarm system without a current valid permit.
(2)
The police and fire departments may refuse to respond to an alarm
from a system without a permit.
(3)
In the event police or firemen investigate an alarm, the permit
holder or an agent shall cooperate by promptly coming to the premises upon
request. Refusal shall constitute grounds for suspension or revocation of a
permit.
(4)
If an alarm user has one or more alarm systems protecting two or
more structures having different addresses, a separate permit will be required
for each structure.
20-9
(5)
Existing installed systems will be exempt from the payment of a
permit fee provided application for a permit is made within thirty (30) days of
the effective date of this chapter. (1979 Code, § 1-4A04)
20-405. Issuance of permit and decal. (1) Upon receipt by the city
administrator of the permit application and fee, the chief of police or fire chief
shall undertake whatever investigation or inspection they deem necessary.
(2)
If the investigation is satisfactory, a decal with the alarm user's
permit number will be issued with a permit. This decal must be permanently
posted on or near the front entrance to the premises so that the information on
the decal is visible from outside of the structure. (1979 Code, § 1-4A05)
20-406. Permit fees. (1) Class I - $1.00--A one time fee to be paid when
the initial application for a permit hereunder is filed with the city.
(2)
Class II - $1.00--A one time fee to be paid when the initial
application for a permit hereunder is filed with the city. Senior citizens are
exempt from permit fees. "Senior citizen" is defined as a person who has
attained the age of sixty-five (65) years.
(3)
Class III - This class alarms are exempt from permit fees. (1979
Code, § 1-4A06, as amended by Ord. #98-5, §§ 1 and 2, April 1998)
20-407. Inspection of alarm system. Prior to issuing an alarm system
permit, and at any time thereafter, the city may inspect any alarm system for
which a permit is required. Such inspection shall be for the purpose of
ascertaining that information furnished by the applicant or permittee is correct,
and that the system is maintained in conformation with the provisions of this
chapter. (1979 Code, § 1-4A07)
20-408. Current information required. Within ten (10) days
following any change of circumstances which renders obsolete any of the
information previously submitted, the alarm user shall file an amendment to his
application, setting forth the currently accurate information. No additional fee
shall be required unless the change has terminated the permit. Failure to
comply with the section shall constitute grounds for revocation of the permit.
(1979 Code, § 1-4A08)
20-409. False alarm fees. (1) Whenever an alarm is activated in the
city, thereby requiring an emergency response to the location by the police or
fire departments, and the police or fire department does respond, a police officer
or fireman on the scene of the activated alarm system shall inspect the area
protected by the system and shall determine whether the emergency response
is in fact required as indicated by the alarm system or whether in some way the
alarm system malfunctions and thereby activated a false alarm.
20-10
(2)
It is hereby found and determined that all false alarms constitute
a public nuisance. The permit holder will be billed a $50.00 service charge per
false alarm occurrence after the third such false alarm in any fiscal year and
$75.00 for the 11th false alarm and each thereafter. Each service charge
incurred shall be billed and payment shall be made within thirty (30) days from
the date of receipt thereof. (1979 Code, § 1-4A09, as amended by Ord. #2011-20,
Sept. 2011)
20-410. Charge for false emergency alarms not caused by act of
nature. (1) Definitions.
(a)
"False emergency alarm." Any signal actuated by an
emergency alarm which the fire or police department responds which is
not the result of fire or other actual emergency and not caused by a
violent act of nature.
(b)
"Owner and/or operator." A person or persons who reside in
or operate a residence or business in which an emergency alarm is
connected.
(2)
The following schedule of notice, warnings, penalties, and costs
shall be assessed to the owners and/or operators of emergency alarm systems for
false emergency alarms transmitted to the fire or police department.
(a)
First false alarm. Verbal notification by a fire or police
department officer.
(b)
Second false alarm. Notice letter informing the owner or
operator of the alarm system of the provisions of this section.
(c)
Third false alarm. Warning letter and notice to insure that
the alarm system is in proper working order. Once the third false
emergency alarm has been received the police chief or fire chief shall
send, by certified mail, a notice to the owner and/or operator that further
false emergency alarms will result in the imposition of a penalty and/or
costs of providing such service.
(d)
Fourth false alarm. A fine of twenty-five dollars ($25.00)
shall be imposed.
(e)
Fifth and more. A fine of twenty-five dollars ($25.00) for
each false alarm and the actual costs of such response by the fire and/or
police department including the costs of equipment, fuel, personnel,
administration, and other such factors as determined by the department
heads.
(3)
Each party who is determined to be liable for a fine and/or costs
pursuant to this section shall be notified in writing of the same and shall have
thirty (30) days from date of notice to pay the fine and/or costs or otherwise
provide notice that it is contesting the imposition of the fine and/or costs. A
party who fails to pay the fine and/or costs within thirty (30) days shall be cited
to the municipal court of the City of Fayetteville for determination of the party's
liability for the fine and/or costs. (as added by Ord. #2013-01, Jan. 2013)
20-11
CHAPTER 5
FAYETTEVILLE-LINCOLN COUNTY REGIONAL AIRPORT
AUTHORITY1
SECTION
20-501. Creation; commissioners; authority.
20-501. Creation; commissioners; authority. (1) There is hereby
created with Lincoln County a public body, corporate and politic, to be known
as the Fayetteville-Lincoln County Regional Airport Authority which authority
shall be authorized to exercise its functions upon the issuance by the Tennessee
Secretary of State of a certificate of incorporation.
(2)
There are hereby appointed, as the city's commissioners of the
authority Ron Mahal and Thomas E. Bailey for terms ending
September 30, 2000.
(3)
Said two commissioners along with the two commissioners
appointed by Lincoln County shall appoint a fifth commissioner to serve for a
term ending September 30, 2000.
(4)
Thereafter all terms of the commissioners shall be for a term of five
years.
Said Fayetteville-Lincoln County Regional Airport Authority shall have
the authority set forth in chapter 3, title 42 of the Tennessee Code Annotated.
(as added by Ord. #95-20, Aug. 1995)
1
Charter reference
Airport committee: § 32a
20-12
CHAPTER 6
FAIR HOUSING
SECTION
20-601. Policy.
20-603. Unlawful practices.
20-604. Discrimination in the sale or rental of housing.
20-605. Discrimination in the financing of housing.
20-606. Discrimination in the provision of brokerage services.
20-607. Exemptions.
20-601. Policy. It is the policy of the City of Fayetteville to provide,
within constitutional limitations, for fair housing throughout the community.
(as added by Ord. #97-7, § 1, June 1997)
20-602. Definitions. (1) "Dwelling" means any building, structure, or
portion thereof which is occupied as, or designed or intended for occupancy as
a residence by one or more families, and any vacant land which is offered for
sale or lease for the construction or location thereon of any such building,
structure, or portion thereof.
(2)
"Family" includes a single individual.
(3)
"Person" includes one or more individuals, corporations,
partnerships, associations, labor organizations, legal representatives, mutual
companies, joint-stock companies, trusts, unincorporated organizations,
trustees, trustees in bankruptcy, receivers and judiciaries.
(4)
"To rent" includes to lease, to sublease, to let and otherwise to
grant for a consideration the right to occupy premises owned by the occupant.
(5)
"Discriminatory housing practice" means an act that is unlawful
under Sections 20-604, 20-605, or 20-606. (as added by Ord. #97-7, § 2, June
1997)
20-603. Unlawful practices. Subject to the provisions of subsection (2)
and section 20-607, the prohibitions against discrimination in the sale or rental
of housing set forth in section 20-604 shall apply to:
(1)
All dwellings except as exempted by subsection (2).
(2)
Nothing in this chapter shall apply to any single-family house sold
or rented by an owner. (as added by Ord. #97-7, § 3, June 1997)
20-604. Discrimination in the sale or rental of housing. (1) To
refuse to sell or rent after the making of a bona fide offer, or to refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a
20-13
dwelling to any person because of race, color, religion, sex, national origin,
familial status or disability.
(2)
To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services or
facilities in connection therewith, because of race, color, religion, sex, national
origin, familial status or disability.
(3)
To make, print, or publish, or cause to be made, printed, or
published any notice, statement, or advertisement, with respect to the sale or
rental of a dwelling that indicates any preference, limitation, or discrimination
based on race, color, religion, sex, national origin, familial status or disability.
(4)
To represent to any person because of race, color, religion, sex,
national origin, familial status or disability that any dwelling is not available
for inspection, sale, or rental when such dwelling is in fact so available.
(5)
For profit, to induce or attempt to induce any person to sell or rent
any dwelling by representations regarding the entry or prospective entry into
the neighborhood of a person or persons of a particular race, color, religion, sex,
national origin, familial status or disability.
(6)
To refuse to permit, at the expense of the person with a disability,
reasonable modifications of existing premises occupied or to be occupied by that
person if such modifications are necessary to afford that person full enjoyment
of the premises.
(7)
To refuse to make reasonable accommodations in rules, policies,
practices, or service, when such accommodations are necessary to afford a
person with a disability equal opportunity to use and enjoy a dwelling. (as
added by Ord. #97-7, § 4, June 1997)
20-605. Discrimination in the financing of housing. It shall be
unlawful for any bank, building and loan association, insurance company or
other corporation, association, firm or enterprise whose business consists in
whole or in part in the making of commercial real estate loans, to deny a loan
or other financial assistance to a person applying therefore for the purpose of
purchasing, constructing, improving, repairing, or maintaining a dwelling, or to
discriminate against him in the fixing of the amount, interest rate, duration, or
other terms or conditions of such loan or other financial assistance because of
the race, color, religion, sex, national origin, familial status or disability of such
person or of any person associated with him in connection with such loan or
other financial assistance or the purposes of such loan or other financial
assistance, or of the present or prospective owners, lessees, tenants, or
occupants of the dwelling or dwellings in relation to which such loan or other
financial assistance is to be made or given: Provided, that nothing contained in
this section shall impair the scope or effectiveness of the exception contained in
section 20-603(2). (as added by Ord. #97-7, § 5, June 1997)
20-14
20-606. Discrimination in the provision of brokerage services. It
shall be unlawful to deny any person access to or membership or participation
in any multiple listing service, real estate brokers organization or other service,
organization, or facility relating to the business of selling or renting dwellings,
or to discriminate against him in the terms or conditions of such access,
membership, or participation, on account of race, color, religion, sex, national
origin, familial status or disability. (as added by Ord. #97-7, § 6, June 1997)
20-607. Exemption. Nothing in this chapter shall prohibit a religious
organization, association, or society or any non-profit institution of organization
operated, supervised, or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental or occupancy
of dwellings which it owns or operates for other than a commercial purpose to
persons of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted on account of race, color, religion, sex,
national origin, familial status or disability. Nor shall anything in this chapter
prohibit a private club not in fact open to the public, which as an incident to its
primary purpose or purposes provides lodgings which it owns or operates for
other than a commercial purpose, from limiting the rental or occupancy of such
lodgings to its members or from giving preference to its members. (as added by
Ord. #97-7, § 7, June 1997)

code - MTAS - University of Tennessee

Transcription

Similar documents

601 560 980 biwell construction inc 4002 134th ave se bellevue, wa

UAG`s Fayetteville AutoPark improves operations with

le-t:: I

Single Trip Application

Page 12b - Beauty Businesses - The Fayetteville Press Newspaper

05 Facilitation for foreign personnel to work in IHQ and ITC

The Oracle

Page 7a - Auto Salesmen

International Trombone Festival 2010 Exhibitor Tax Information

Chemung County Sheriff`s Office Pistol Permit Informational Meeting